
Qass. 
Book 



COPYRIGHT DEPOSIT 



LIFE AND EVENTS. 



BY 



WILLIAM B. VICTOR. 



q^'VMj^ 










CINCINNATI: 

APPLEGATE& CO., 43 MAIN STREET. 
1859. 



Entered according to Act of Congress, in the year 1859, 
By WILLIAM B. VICTOR, 

In the Clerk's Office of the District Court of the United States for the Southern 
District of Ohio. 



n E D I C A T E r> 



SACRED CAUSES OF TRUTH, JUSTICE, 



AND THE 



UNION OF THE STATES, 



E X P L A NATION. 



It is clue the families and individuals whose names are 
used or referred to in this work, to state that ii was 
conceived, and has been written by its Author without 
their knowledge or consent; and that the Author, and the 
Author only, is solely and wholly responsible for it. 



CONTENTS. 



The Colonization of North America: 

The Revolution and Independence of the Colonies : 

The Constitution of the United States: 

The first Great Struggle under the Constitution as to the 
powers and policy of the Government: 

The settlement of the Valley of the Mississippi, and the 
acquisition of Louisiana: 

The Great Contest with South Carolina, and the doctrines 
of Nullification by the States: 

The late War with England: 

The Colonization and acquisition of Tesas and the Cali- 
fornias : 

The consequences of the Colonization of Texas to individ- 
uals and to the government: 

The policy of the Government in regard to further acquisi- 
tion of Cuba, Mexico, and Central America : 



vi Contents. 

The history and Constitutional rights of African slavery 
in the Union: 

The relations of the general government to the Territories 
and States, as developed by the Kansas contest: 

The Conclusion. 



PREFACE. 



In observing the historical map of the worhl, we 
see a few great facts as prominent above the rest, as 
the bold mountains of the globe. Among these are the 
discovery and colonization of America ; the Indepen- 
dence and Union of the States ; the subsequent addi- 
tion of new States, and the vast extension of the 
blessings of freedom. 

To us, the most important portion of the history 
of our race is the history of our own country. That 
history is strikingly composed of individual and united 
struggles and achievements. Although able and ex- 
tensive American histories and biographies have been 
written, some of their great and important truths have 
been given in the abstract only; others erroneously 
given, whereby some persons have received more and 
others less than their share of honor. 

It is the object of this humble effort to place those 
great truths in their true connection ; to record others 
that have been omitted ; to show how great events 
have been produced by individual efforts ; to render 
a just tribute to the memories and services of some 
of our Fathers ; to show the injustice that has been 
done, and to indicate further attempts that have been 
made and committed upon some of their children ; 



viii Preface. 

to show how National growth, and wealth, and gloiy 
have cost, in some instances, individnal life and fam- 
ily prosperity ; yet to discover the direction which the 
great and glorious hand of the past points out as the 
only trne course of that grand destiny for which our 
country seems to have been designed, and which she 
will certainh' attain, if she prove faithful to herself 
and the sacred causes committed to her hands. 



LIFE AND EVENTS. 



CHAPTER I. 

"History is Pliilosophy teaching by example." 

When this continent was a -wilderness, Sir 
Walter Raleigh, under the auspices of Queen 
Elizabeth, sent two ships to America for pur- 
poses of discovery. On their arrival, they were 
cordially welcomed by the natives, and were 
treated throughout their stay with the most af- 
fectionate hospitality. When they returned to 
England, the accounts they gave of the country 
produced great sensations among the classes, and 
the Queen named it Virginia in honor of herself. 
The next year. Sir Richard Grenville, Sir Wal- 
ter's associate, sailed from Plymouth with seven 
ships, well provided with arms and stores, and a 
company of volunteers to form a colony in Vir- 
ginia. The principal motive of this adventure 
was the discovery of gold and the precious 
metals. Shortly after their arrival on the coast, 
for a trivial offence. Sir Richard burnt the town 
and cornfields of a native tribe. After locating 
his colony at Roanoak, he returned to England. 
His colony thus embroiled in war with the na- 



10 Life and Events. 



tives, became so disheartened that they soon left 
the country forever. Soon after this, Sir Rich- 
ard arrived with three ships and plenty of pro- 
visions. Being unwilling to lose possession of the 
country, he left another colony on the Island of 
Roanoak, and built houses for their protection. 
But the destiny of his colony seems to have 
been fixed. They were all destroyed by the 
natives — not one was left to tell the sad story of 
their fate. 

A kind Providence had endowed Elizabeth of 
England with faculties given to but few of her 
sex, and permitted her to wear the crown of the 
great kingdom of the earth, but she so lived 
and died as to be called the Virgin Queen ; so 
it seems ordered that this prolific nation of ours 
should not receive its birth from her hands. 

The next colony was sent over by a London 
company, under the patronage of James I. They 
sailed under sealed instructions, to be opened 
atter their arrival in Virginia. They landed 
13th of May, 1607, and located their colony 
at Jamestown, on James River — so named by 
themselves in honor of their patron King. The 
sealed packages were opened, the names of his 
majesty's council proclaimed, and a President 
appointed by the council. During their voyage, 
the superior qualities of the renowned Capt. 
John Smith, brought upon him the hatred of the 
council. They imprisoned him under the charge 
of an intention to murder the council, and make 



Life and E vents. 11 



himself king of Virginia. After their arrival, 
they urged him to return under this charge, to 
England; but refusing to go, he demanded his 
trial, and was triumphantly acquitted. In a short 
time the odious conduct of the President aroused 
the indignation of the colony. Besides his pre- 
vious indifference to their sufferings, when they 
were reduced by famine and sickness, and were 
threatened with destruction by the natives, they 
detected him in attempting to escape with the 
only vessel left for their safety. He was deposed 
and his successor appointed by the council. The 
inefficiency of the second soon became known, 
when the colony rose in the majesty of their 
rights, declared Capt. John Smith their Presi- 
dent, and clothed him with full authority. Pos- 
sessed of every noble qualification for the posi- 
tion assigned to him, Capt. Smith soon proved 
himself worthy to be the first American — the 
first democratic President, elected by the people, 
on the continent of America. After his election, 
while exploring the neighboring country. Presi- 
dent Smith was taken prisoner by a large body 
of Indians. They marched him in triumph lo 
the palace of Powhatan, the great King of the 
country. He was condemned to suffer death ! 
His head was placed upon the block ! the death 
blow was raised above him, when the young and 
beautiful Pocahontas sprang to his side, folded 
her arms about his neck, and placed her head 
upon his to receive the fatal bluw! The arm of 



12 Life and Events. 



the executioner was paralyzed. The blow fell 
harmless to the ground. She was the Princess 
daughter of King Powhatan. President Smith, 
thus saved, was pardoned by the King. He re- 
turned to his colony, just in time to save it. 
He found them reduced to thirty-eight persons, 
and in the act of leaving the country forever. 
A few years afterward, Pocahontas was united, 
by affection and by marriage, with Mr. Rolf, an 
English citizen of the colony. Their marriage 
was blessed with happiness and with children. 

From these important circumstances, we may 
learn lessons of wisdom applicable to all times 
and countries. Whenever a great undertaking 
is actuated by bad or impure motives, it is al- 
most sure to fail. Whenever generous and 
affectionate hospitality is outraged by the ruth- 
less hand of ingratitude, the perpetrators of the 
crime are almost sure to be punished. While 
Providence seems to have defeated the fruitless 
Virgin Queen in her efforts to become the mother 
of America; while He seems to have chastised 
the mercenary motives of Sir Walter Raleigh, 
and the outrageous conduct of Grenville against 
the natives; while He seems also to have frowned 
upon the efforts of the London company to tyr- 
anize the first colony through odious and dast- 
ardly officers, He seems to have smiled, gra- 
ciously, upon the first fruits, the first offering of 
American democracy, and upon the virgin Prin- 
cess who saved it at its birth, and thus became 



Life and Events. 13 



its mother. Thus united by heroic deed, by af- 
fection, and by blood, the children of the first 
colony of the United States, and the children of 
the noblest Princess of the continent, struggled 
together for liberty through every trial and every 
peril, until the priceless boon was won. Their 
fame and their lives shall forever mingle in its 
joys. 

The spirit of liberty that burst into life in 
Virginia, was first responded to by her only con- 
genial companion on the globe, the United Re- 
public of Germany. In 1614, a colony from that 
confederacy commenced the present city and 
State of New York. It was not until 1620, that 
the Pilgrim Fathers landed on Plymouth Rock, 
and founded New England. Thus the great 
State of the south and the great State of the 
north — thus "liberty and union'"' began. 

The Pilgrim Fathers next founded the colony 
of Massachusetts Bay. Driven by religious per- 
secution from all the endearments of their native 
land, they landed on the inhospitable shores of 
the north, in a cold and stormy December night. 
Thoy had sailed from the same Plymouth Sir 
Richard Grenville sailed from, though moved by 
a vastly different motive. How equally diiferent 
their destiny ? 

Before leaving the little barque that had borne 
them safely across the Atlantic's boisterous waves, 
they solemnly declared they had undertaken to 
establish a colony for the glory of God and the 



14 Life and Events. 



advancement of the Christian faith ! No one 
acquainted with their suiferings and persecutions, 
can doubt the truth of their solemn declaration. 
No one who has read their history, can doubt 
that in every good effort, they received the 
smiles of Him they came to worship and in 
whom they placed their trust". Through every 
danger and every trial, they and their children 
struggled with Christian fortitude and heroic 
courage, until their efforts were crowned with 
freedom and success. Although the bones of 
the fathers have long since mouldered into dust, 
their sons and their daughters, and the truths 
ihey supported, "still live," and will live " for- 
evermore." 

The colony of Delaware was founded by the 
Swedes. Their courage, too, and their devotion 
to their rights, were soon tried and fully estab- 
lished. It is by no means strange that the land 
which then furnished a colony for American Lib- 
erty, though far away in the frozen regions of 
the north, should have since produced the match- 
less songstress of the age — the plaintive night- 
ingale whose soft and sweetly thrilling notes 
have given transported thousands a taste of hea- 
venly joys. 

Maryland was settled chiefly by Catholics. 
True to their mission in the new world, they 
have fully proved their devotion to freedom. 
The colony that produced Charles Carroll, of 
Carrollton, must ever have cherished in her 



Life and Events. 15 



bosom the living germ — tlie true spirit of the 
Goddess of Liberty ! 

Pennsylvania was commenced by the Quakers. 
Driven by persecution from England, they first 
sought an asylum in the land of the Pilgrim 
fathers. The legislature of that colony, in a 
dark and evil hour, in violation of their own 
history and most sacred obligations, in violation 
of their own solemn declaration of purpose, not 
only passed laws for their banishment, but pro- 
vided, if any Quaker should return to the colony 
and renew his practices, he should be put to 
death ! Under this law, four persons suffered 
death ! This shocking violation of their most 
sacred obligations and principles, Providence 
seems to have chastised afterwards. The horri- 
ble consequences of their insane delusions in re- 
gard to the work of the devil, through the 
instrumentality of witches, seem to be the pun- 
ishment. After this persecution, the Quakers 
resolved to form a colony where religious opin- 
ion and worship might be fully enjoyed. They 
accordingly sailed from England in 1681, and 
landed where the Quaker city stands. In the fol- 
lowing year, William Penn arrived with a large 
number of emigrants, and founded the city of 
Philadelphia and colony of Pennsylvania. Thus 
doubly persecuted, first driven from their native 
land, then from the land of the Pilgrim Fathers, 
they founded the city and colony that have been 
doubly blest and honored — the city that gave 



16 Life and Events. 



birth to the independence of the American col- 
onies, and to the Constitution of the United 
States of America. Considering their origin, 
viewing the grand events that will honor them 
forever, we are admonished of evil, but then look 
with delight at the greatness and happiness of a 
people, clothed with a fall share of the honors 
of a glorious history and union of States, and 
with the smiles of a benignant Providence. 
This is the keystone of the American arch of 
States — an arch as beautiful among the various 
kingdoms of the earth, as the rainbow in the 
cloudy sky — as durable, we hope, as the coven- 
ant of Him who placed it there. 

In 1765, Mr. George Grenville introduced into 
Parliament the notorious stamp act, to tax all 
the colonies. When in advocating its passage, 
Mr. Charles Townsend used the following lan- 
guage: "and now will these Americans, children 
planted by our care, nourished by our indul- 
gence of them, until they have grown to a de- 
gree of strength and opulence; and protected by 
our arms ; will they grudge to contribute their 
mite to relieve us ? " He was replied to thiis 
by the eloquent and chivalric Barre : " They 
planted by your care — no — your oppression 
planted them in America ; * * * They nour- 
ished by your indulgence ! They grew up by 
your negligence of them! * * * They protected 
by your arms J * * * They have nobly taken 
up arms in your defense, have exerted a valor 



Life and Events. 17 



amidst their constant and laborious industry, for 
the defence of a country Avhose frontier was 
drenched in blood. " The passage of this act, 
aimed equally at the liberties of all the colonies, 
aroused and united them. In this important 
move, Virginia again took the lead. On the 
28th May, 1765, the illustrious Henry intro- 
duced his celebrated resolutions in the house of 
Burgesses. The resolutions declared in substance 
that the colonies were not bound to obey the 
act ; that they alone had always possessed the 
right to tax themselves. It was in the defense 
of these resolutions that he gave utterance to 
that equally celebrated burst of eloquence : " Cae- 
sar had his Brutus, Charles the First his Crom- 
well, and George the Third" — Treason ! Trea- 
son ! cried the speaker and many members of the 
house — "may profit by their example" — thun- 
dered the dauntless Henry! 

These resolutions were communicated to the 
other colonies. They all passed similar ones 
through their respective assemblies, and a con- 
vention of colonial deputies met the same year 
in the city of New York. In this coincidence we 
again see liberty and Union hand in hand. 

From the memoir of Jefferson, 

" The next event which excited our sympathies 
for Massachusetts was the Boston port-bill, by 
which that port w^as to be shut up from the 1st 
June, 1774. This arrived while we were in session 
in the Spring of that year. The lead in the house, 



18 Life and Events. 



on these subjects, being no longer left to the old 
members, Mr, Henry, R. H. Lee, Mr. L. Lee, 
three or four others and myself, agreeing that wc 
must boldly take an unequivocal stand in the line 
with Massachusetts, determined to meet and con- 
sult on the proper measures in Council Chamber, 
for the benefit of the library in that room. We 
were under the conviction of the necessity of arous- 
ing our people from the lethargy into which they 
had fallen, as to passing events ; and thought that 
the appointment of a day of general fasting and 
prayer would be most likely to call up and alarm 
their attention ; no example of such a solemnity had 
existed since the days of our distress in the war 
of '55, since which a new generation had grown 
up. With the help of Rushforth whom we rumaged 
over for the revolutionary precedents, and forms of 
the puritans of that day, preserved by him, we 
cooked up a resolution somewhat modernizing their 
phrases, for appointing the 1st day of June on 
which the port-bill was to commence for a day of 
fasting and prayer, to implore Heaven to avert 
from us the evils of civil war, to inspire us with 
firmness in support of our rights, and to turn the 
hearts of the king and parliament to moderation 
and justice. To give greater emphasis to our pro- 
position, we agreed to wait on Mr. Nicholas, (Robert 
Carter Nicholas,) whose grave and religious charac- 
ter, was more in unison with tl;ke tone of our resolu- 
tion, and to solicit him to move it. We accordingly 
went to him in the morning. He moved it the same 



Life and Events. 19 



day; 1st June was proposed and it passed without 
opposition. 

The Governor dissolved us as usual. We retired 
to the Apollo as before, agreed to appoint deputies to 
meet in Congress at such place annually, as should 
be determined, to direct from time to time the 
measures required by the general interest; and we 
declared that an attack on any one colony, should 
be considered as an attack on the whole. This was 
in May, We further recommended the several 
counties, to elect deputies to meet at Williamsburgh 
the 1st August ensuing, to consider the state of 
the colony, and particularly to appoint delegates 
to a general Congress, should that measure be ac- 
ceded to by the committee of correspondence gen- 
erally. It was acceded to and Philadelphia Avas 
appointed for the place, and the fifth of September 
the time of meeting. We returned home, and in 
our several counties, invited the clergy to meet as- 
semblies of the people on the 1st June, to perform 
the ceremonies of the day, and to address them dis- 
courses suited to the occasion. The people met 
o-enerally with anxiety and alarm on their counte- 
nances, and the eflFcctof the day through the whole 
colony was like a shock of electricity, arousing 
every man and placing him erect and solidly on his 
center. 

The religious sentiment of a country has 
always been the strongest feeling of society, and 
has always exerted the most powerful influence 
over the destiny of every people. While Robert 



20 Life and Events. 



C Nicholas was not at first, owing to his reh'gious 
aversion to war, as active as Henry and JejQferson, 
yet in the hour of need he thus aroused the reli- 
gious sentiment of the colonies in behalf of the 
cause ; this gave it the highest sanction and aided in 
placing it and the people " erect and solidly on their 
centers." According to the appointment of these 
resolutions, and the impulse thus given to the 
cause, the Congress of the colonies met for the first 
time, in Philadelphia. Of this Congress Mr. Web- 
ster thus spoke : 

"The proceedings of this Congress are well known 
and have been universally admired. It is in vain 
that we look for superior proofs of wisdom, talent, or 
patriotism. Lord Chatham said that for himself he 
must declare, that he had studied and admired the 
free states of antiquity, the master states of the 
world, but that for solidity of reasoning, force of 
sagacity, and wisdom of conclusion, no body of men 
could stand in preference to this Congress." Mr. 
Webster adds " there is indeed nothing superior to 
them in the range of political disquisition. They 
not only embrace, illustrate and enforce everything 
which political philosophy, the love of liberty and 
the spirit of free inquiry had antecedently produced, 
but they add new and striking vicAvs of their own, 
and apply the whole with irresistible force in sup- 
port of the cause which had drawn them together." 

Thus the prjminent part and influence, performed 
and exerted by Mr. Nicholas, in connection with 
his illustrious compatriots, led directly to the 



Life and Events. 21 



greatest of acliievements, American Indepen- 
dence. 

From these additional testimonials it is easy to 
understand how and why it was, that Mr. Nicholas 
exerted such an influence upon his country, in 
these her most trying struggles. 

Bishop Mead, in his work on old churches, min- 
isters and families in Virginia, in giving a history 
of Williamsburgh, Bruton Parish, gives the names 
and sketches of some of the vestry-men of that 
Parish. Among these he adds, " there appears 
George Nicholas and his son Robert Carter Nicho- 
las. The former came to this country a physician, 
doubtless duly qualified. His son Robert Carter 
Nicholas, was distinguished at the bar in Williams- 
burgh, in the House of Burgesses, in the Council, 
as treasurer of the State, and as a patriot in the 
Revolutionary war. But he had higher praise 
than all these offices could give him ; for he was a 
sincere Christian and a zealous defender of the 
church of his fathers, when he believed her rights 
were assailed." 

Mr. Hugh Blair Griggsby, in his early descrip- 
tion of the Burgesses of 1776, thus describes him : 
" He loved indeed a particular form of religian, but 
he loved more religion itself. In peace or war, at 
the fireside or on the floor of the House of Bur- 
gesses, a strong sense of moral responsibility was 
seen through all his actions. If a resolution 
appointing a day of fasting and prayer, or acknowl- 
edging the providence of God in crowning our 



22 Life and Events. 



arms with victory, though drawn by men of 
worldly views was to be, it was from his hands it 
was to be presented to the House, and from his 
lips came the persuasive words that fell not in 
vain on the coldest ears. Indeed such was the 
impression which his sincere piety, embellishing as 
it did the sterling virtues of his character, made 
upon his own generation, that influence was felt 
upon that which succeeded it." 

Nor was his piety less conspicuous in a private 
sphere. Visiting on one occasion Lord Bottetourt 
with whom he lived in the strictest friendship, he 
observed to that nobleman, "my Lord, I think you 
will be very unwilling to die ;" and when asked 
what gave rise to that remark, " because said he 
you are so social in your nature, and so much 
beloved, and have so many good things around you, 
that you must be loath to leave them.'' Ilis wor- 
ship made no reply, but a short time after, being 
on his death-bed, he sent in haste for Colonel 
Nicholas, who lived near the palace, and who 
instantly repaired thither, to receive the last sighs 
of his dying friend. On entering his chamber he 
asked his commands. Nothing replied his Lord- 
ship, but to let you see that I resign the good 
things of which you formerly spoke, with as much 
composure as I enjoyed them ; after which he 
grasped his hand with warmth and instantly 
expired." 

" The children of R. C. Nicholas were blessed 
with a mother of equal worth. She was the 



Life and Events. 23 



daughter of Col. Wilson Gary of Hampton, a 
descendant of one of tlie first families Avho settled 
in the lower part of Virginia." 

Let the following letter to her son Wilson Gary 
Nicholas, on entering public life bear witness : 

'•'■ Dear Wilson: — I congratulate you on the 
honor your country has conferred on you, in 
choosing you their representative with so large a 
vote. I hope you are come into the Assembly 
without those trammels which some people submit 
to wear for a seat in the House. 

***** >i^ * 

I think from observation, T can venture to assert 
that the man of integrity, Avho observes one equal 
tenor in his conduct, who deviates neither to the 
one side nor the other from the proper line — has 
more of the confidence of the people, than the 
compliant time-server. I flatter myself too, you 
will act on a more liberal plan, than some members 
have done, in matters in which the honor and 
interest of this State are concerned ; that you will 
not to save a few pence for your constituents, dis- 
courage the progress of the arts and sciences, nor 
pay with a scanty hand persons who are eminent 
in cither. This parsimonious plan of late adopted, 
will throw us behind the other States in all valua- 
ble improvements, and chill like a frost, the spring 
of learning and the spirit of enterprise. I have 
insensibly extended what I had to say beyond m}^ 
first design, but will not quit the subject without 
giving you a hint from a very good friend of yours. 



24 Life and Events. 



that your weight in the House will be much greater 
if you do not take up the attention of the Assem- 
bly on trifling matters, nor too often demand a 
hearing. To this I must add a hint of my own, 
that temper and decorum is of infinite advantage 
to a public speaker ; and a modest diffidence to a 
young man just entering the stage of public life. 
The neglect of the former throws him off his guard, 
breaks the chain of reasoning, and has often pro- 
duced in England, duels that have terminated 
fatally. The natural effect of the latter will ever 
be procuring a favorable hearing, and all those 
advantages that a prepossession in favor of the 
speaker produces. 

You see my son, that I take the privilege of a 
mother in advising you, and be assured, that you 
have no friend so solicitous for your welfare, tem- 
poral and eternal, as your mother. 

AxNE Nicholas." 

" Tradition says, that Mrs. Nicholas after the 
death of her husband, K. C. Nicholas, at his seat 
in Hanover, w^as visited by some British officers 
and received them with great dignity. Her daugh- 
ter-in-law, wife of her son George, and sister to 
Governor Samuel Smith of Baltimore, being re- 
cognized by one of the officers as an old acquaint- 
in Carlisle Pennsylvania, secured polite treatment 
for the family ; but the officers, on discovering 
jewels and other valuables in the house, seized upon 
them and carried them off." 

" Col. Nicholas died at his seat in Hanover 



Life and Events. 25 



leaving five sons, among these were George who 
afterwards removed to Kentucky, and Wilson 
Gary, who was a member of the House of Repre- 
sentatives and Senate of the United States, and 
Governor of Virginia." 

It is one of the remarkable facts of history that 
the best native blood of the new world has been 
mingled Avith the blood of the old, and with the 
great events of American history. One of the 
descendants of Pocahontas, Mr. Randolph, b "came 
united by marriage and blood with Thomas Jeffer- 
son, the father of Independence ; his grand-child, 
uniting the blood of himself and Pocahontas, the 
mother of the first colony, became united by 
marriage and blood with the grand-daughter of 
Robert Carter Nicholas, who co-operated with 
Mr. Jefierson in the immediate steps to indepen- 
dence, and engrafted into the cause the religious 
element. 



CHAPTER II. 

"History is philosophy teaching by example." 
Beautiful definition — beautiful because true. There 
is in every people a sort of sacred regard for his- 
tory ; a readiness to believe its records and pay 
grateful homage to its heroes. This lojal senti- 
ment, this grateful feeling deserves the truth, 
because it is always ready to believe it, and to 
learn from the experience of fathers, brothers, or 
from distant or ancient peoples. One of the high- 
est incentives, to chivalric or patriotic efforts, is 
that a grateful country will honor and a faithful 
historian record those efforts. What greater 
meanness than ingratitude ? No people have been 
so blessed as ours — have received a heritage so 
ample and so rich. The greater the debt we owe 
to them who gave it ; the greater the obligation to 
render at least justice to their memories. What 
is history ? It is a Avritten statement of the acts 
of its characters. A historian is a witness, a wit- 
ness not sworn — not sworn to tell the truth the 
■whole truth and nothing but the truth. Personal 
and political preferences and prejudices, sometimes 
bitter recollections and rancorous animosities are 
left free to suppress, distort or falsify the truth. 
Hence the o-reat number and diflTerence in hi'stories. 



Life and Events. 27 



This is so fully known to be the case that it is 
often said, the true history of an event or genera- 
tion can not be written until all such causes shall 
have passed away ; then a faithful pen may record 
the truth. When a man takes pen in hand to 
write history, he should say to himself, this pen 
shall aspire to no higlier achievement than to record 
the truth. What, falsify history ! Defame great 
patriots; let their great deeds die forgotten; sup- 
press or distort them ; pervert and mislend a 
people ! Rather let this pen refuse to write, this 
hand refuse to move ! 

Whatever a man undertnkes to do, he ought 
faitlifully to perform. With these motives and 
objects, tlie writer of this book resumes his sub- 
ject. He does not propose to write a full history ; 
but only to place great achievements in their true 
connection, and to record great truths that have 
been omitted. 

The next great events in the history of our 
country were the Declaration of Independence, the 
achievement of that independence, and the consum- 
mation of the revolution by the formation and 
adoption of the Constitution of the United States. 
From the beginning to the consummation of this, 
the grandest effort and achievement of men, Virginia 
and Massachusetts and their sons, chiefly main- 
tained the lead. Thomas Jefferson, the inspired 
author of the " unanimous Declaration of the thir- 
teen United States of America," was A^irginia's 
son. John Adams the boldest and ablest advo- 



28 Life and Events. 

cate of that declaration was Massachusetts' son. 
He who maintained that dechiration and achieved 
that independence, through the long and bloody 
struggle as the great chief of war — George Wash- 
ington ! " first in peace, first in war, and first in 
the hearts of his countrymen," was Virginia's 
son ! James Madison too, the mover, the princi- 
pal author, the father of the Constitution of his 
country, was Virginia's son. 

Through the trying scenes of the revolution and 
the following years of peace, the articles of confed- 
eration had proved wholly inadequate to the great 
objects of the Union of the States. The Constitu- 
tion Avas framed and submitted to the people of 
the several States, for their adoption or rejection. 
True, as it must have been, to its origin and his- 
tory, that constitution did not propose to violate 
any of the rights, principles or liberties that pro- 
duced it. It not only left with the people of the 
States, all the great rights of life, liberty, and 
property they possessed before, but it proposed to 
sanction, secure and guarantee them forever. In 
the fullness of its wisdom, looking through the 
vicissitudes of time upon the millions to come, it 
provided for its own expansion and improvement, 
commensurate with every measure, and the dis- 
covery of every truth calculated to perpetuate the 
rights and liberties, to alleviate the wants and suf- 
ferings, and to advance the happiness, and great- 
ness of its people. When the Constitution was 
submitted, Virginia Avith her Washington, her Jef- 



Life AND Events. 29 



ferson, her Henry, her Madison, and a host of 
great statesmen and orators besides, then stood 
among her sister States pre-eminent. Her adop- 
tion or rejection of that Constitution, must have 
been with her sister States, great, perhaps deci- 
sive, for good or for evil. Notwithstanding her 
great statesmen had been united as a family of 
brothers, in the great cause of independence, their 
liberties achieved, they differed widely in forming 
a government and Union of the States. When 
the Virginia delegates met in convention to decide 
the question of adopting that constitution, the 
result of their action, was a question of doubt 
and great anxiety. Jefferson was absent as Min- 
ister to France. Washington and Madison had 
already exerted their great powers in favor of the 
constitution, yet the opposition threatened to 
defeat its adoption, headed as as it was by 
Patrick Henry, George Mason, William Gray- 
son, James Monroe, and other distinguished patri- 
ots. At this critical period, and upon this great 
theatre, there appeared a member, who, though 
younger in years, and yet less distingnislied than 
some of his seniors, was not then unknown to 
fame. George Nicholas, a son of Robert Carter 
and Ann Nicholas, was a civilian ; a lawyer by 
profession and practice, yet his zeal for the great 
cause of his country, had been honored by the 
rank and commission of Colonel in the great revo- 
lution of the Colonies. At the bar and in the 
legislature of Virginia, he had met the learned 



30 Life and Events. 



and eloquent lawyers "and statesmen of his State. 
In these meetings and upon these theatres, he had 
displayed that knowledge of law and of govern- 
ment, and those elements of character, that had 
already given him rank "with the great lawyers 
and statesmen of that period of unrivalled splendor 
in Virginia history. But he was now called upon 
one of the highest and most important theatres 
on which men are ever called to act. The destiny 
of his country was the issue. Determined in their 
purpose to make their utmost effort in favor of 
adoption, the friends of the Constitution ar- 
rayed themselves for the conflict. In the lead, 
this chivalric column of heroic statesmen, placed 
their brother compatriot. Col. George Nicholas. 
Although Madison, the father of the Constitution 
Avas among them, Nicholas was the chosen leader 
of his colleagues to meet the gigantic Henry and 
his Coadjutors. Equal to the position assigned to 
him, he opened the debate by a powerful effort in 
favor of the Constitution. He was met by the 
dauntless Henr^' ; from this beginning the contest 
continued through many anxious days. Conspic- 
uously through that conflict of giants, can yet be 
seen in the mirror of its records, the herculean 
form, and yet lieard from tradition the echo voice 
of George Nicholas. Supported by his noble 
colleagues, he not only held at bay the charges of 
opposition, led on by the hitherto matchless 
Henry, but turning the tide of the great contest, 
he came out a victorious advocate of the Constitu- 



Life and Events. 31 



tion of his country. Its adoption -was the consum- 
mation of the great mission of the mother Colon- 
ies — the grand achievement of the revolutionary'' 
fathers — the establishment of the purest, the 
wisest, and the noblest system of government ever 
conceived or formed by man. It was the begin- 
ning of a new era, not only in the history of States 
but in the history of the world. 

When it is remembered that in addition to the 
great opposition referred to, a majority of the 
people of Virginia were tlien opposed to the 
adoption of the constitution, that at the next 
election in that State, a majority of the members 
elected to Congress, including the two Senators 
elected by the Legislature, one of them being the 
gifted Grayson, were opposed to the Constitution ; 
Avhen it is considered that if Virginia had remained 
out of the Union even a single year, that circum- 
stance alone would have deprived the country of 
the great influence of AVashington as President; of 
Jefferson as Secretary ; of Madison as Congress- 
man ; when it is considered that the absence of these 
great men would have left the new government 
so weak — so wanting in the dignity and confidence 
which they were able to give it ; that without them 
and their influence it would probably have been 
dissolved, or would have mouldered and decayed 
away, the patriot philanthropist, can but pause at 
this glimpse of the magnitude of that achievement, 
as well at the time and under the circumstances, 
as for the greatness of the victory itself. Hence 



32 Life and Events. 



glancing abroad and down the stream of time, he 
catches a glimpse of the value of the efforts of 
George Nicholas ; of him who is foremost and 
greatest in one of those contests, which had for 
its issue the destiny of the American continent, 
perhaps of liberty herself throughout all future 
time. 

While the adoption of the Constitution was the 
completion of a past age, it was the beginning 
of a new one. The government must be put 
into action ; the constitution must be construed, 
interpreted and applied to practical purposes. Its 
meaning to some extent must ever be constructive. 
The meaning given to it by its contemporaries in 
the discussion of its adoption, is therefore of great 
importance for all future time. That discussion 
throws great and important light upon the true 
interpretation of those provisions, from which dis- 
putes have arisen or may hereafter rise in the 
administration of its government. The writings 
and speeches of Washington, Adams, Jefferson, 
Madison, Hamilton, and others containing their 
interpretations of the Constitution, and the argu- 
ments in favor of its adoption and preservation, 
have been published at length. Their great and 
inestimable services to their country, are thus pre- 
served for their country's good. The speeches 
and writings of Col. Nicholas have never been 
published in full. His early death in the midst of 
a great political struggle, left all his worldly 
affairs in a confused and scattered condition, and 



Life and Events. 33 



it would extend this beyond the limits of an 
intended sketch, to give more than a few extracts 
from his speeches, as reported in the debates of 
the Virginia convention. 

On the third day of the convention, he thus des- 
cribes the efforts that had been made before the peo- 
ple, to arouse their opposition to the Constitution. 

" It is true, sir, that many people have declared 
against a Constitution which thev were told would 
destroy trial by jury; against a government, sir, 
which would establish a standing army ; against a 
government which would abridge the liberty of 
the press ; against a government which would tax 
all their property from them ; against a govern- 
ment which would infringe the right of conscience ; 
and against a government, sir, which should banish 
them to France as common soldiers, and which 
should destroy all their rights and liberties ! This, 
sir, is the government of which they have given 
their disapprobation." — Virginia Debates, p. 82. 

In defending the Constitution from such assaults 
and in advocating its adoption. Col. Nicholas, 
defined those great principles of the Constitution 
that have since governed the great conservative 
party of the Union, the reproduction of which, 
from time to time, have given to other statesmen 
immortal honors. In the speech last quoted 
from, he expressed the great ideas and principles 
of the Constitution, that have more than once, 
saved the Union from being severed by the oppo- 
site radical doctrines of nullification by the States. 



34 Life and Events. 

Mr. Henry had thus expressed one of his objec- 
tions to the Constitution ; " My political curiosity, 
exclusive of my anxious solicitude for the public 
welfare, leads me to ask who authorized them to 
speak the language, We, the peojole, instead of We, 
the States. States are the characteristics and the 
soul of a confederation. If the States be not the 
agents to this compact, it must be one great con- 
solidated government." 

Col. Nicholas replied : " The worthy gentleman 
entertained us very largely on the impropriety 
and dangers of the powers given by this plan, to 
the general government. * * * j^ amounts to 
this, that the powers given to any government, 
ought to be small. I believe, sir, this is a new 
idea in politics. Powers being given for some 
certain purpose, ought to be proportionate to that 
purpose, or else the end for which they are del- 
egated will not be answered. It is necessary to 
give powers to a certain extent, to any govern- 
ment. If a due medium be not observed in the 
delegation of such powers, one of two things must 
happen ; if they be too small, the government 
must moulder and decay away ; if too extensive, 
the people will be oppressed. As there can be 
no liberty without government, it must be as 
dangerous to make powers too limited as too 
great. He tells us the Constitution annihilates 
the confederation. Did he not prove that every 
people have a right to change their government 
when it should be deemed inadequate to their 



Life and Events. 35 



happiness ? The confederation being found utterly 
defective, will he deny our right to alter or abolish 
it? But he objects to the expression "we, the 
people," and demands the reason why they had 
not said, " we, the United States of America ! In 
my opinion, the expression is highly proper. It 
is submitted to the people, because on them it is 
to operate. Till adopted, it is but a dead letter 
and not binding on any one; when adopted, it 
becomes binding on the people who adopted it. 
We are under great obligations to the Federal 
Convention, for recurring to the people, the source 
of all power. The gentleman's argument militates 
against itself; he says that persons in power 
never relinquish their powers willingly. If then, 
the State legislatures would not relinquish part 
of the power they now possess, to enable a gen- 
eral government to support the Union, refer- 
ence to the people is necessary." — Va. Debates, 
p. 79. 

Again, he says : " Can we trust our liberties 
to the President— to the Senate — to the House of 
Representatives? We do not trust our liberties 
to a particular branch; one branch has not the 
whole power; ore branch is a check upon the 
other. The representatives have a controlling 
power over the whole." — Va. Debates, p. 165. 

" The gentleman has adverted to what he calls 
the sweeping clause, and represents it as replete 
with great dangers. Tbis dreaded clause runs in 
the following words : " To make all laws which 



36 Life AND Events, 



shall be necessary and proper, for carrying into 
execution the foregoing powers, and all other 
powers vested by this Constitution in the govern- 
ment of the United States or any department or 
officer thereof." 

The Committee will perceive that the Consti- 
tution had enumerated all the powers which the 
general government should have, but did not 
say how they were to be exercised. * * * * 
Does this give any new power? I say, not. It 
only enables them to carry into execution, the 
powers given to them, but gives them no addi- 
tional power. ****** 

" But it is objected to for want of a bill of 
rights. It is a principle universally agreed upon 
that all powers not given are retained. Where, 
by the Constitution, the general government has 
general powers for any purpose, its powers are 
absolute. Where it has powers with some ex- 
ceptions, they are absolute with those exceptions. 
In England, in all disputes between king and 
people, recourse is had to the enumerated rights 
of the people to determine. Are the rights in 
disputes secured ? Are they secured in Magna 
Charta, Bill of Rights, etc. ? If not, they are 
generally speaking, within the king's prerogative. 
In disputes between Congress and the people the 
reverse of the proposition holds. Is the dispu- 
ted right enumerated ? If not, Congress can 
not meddle with it. Which is the most safe ? 
The people of America know what they have 



Life and Events. 37 



relinquished for certain purposes. They also 
know that they retain every thing else." — Va. 
Debates, p. 179. 

The provision of the sixth article is, "that 
this Constitution and the Laws of the United 
States, which shall be made in pursuance thereof, 
and all treaties made or which shall be made 
under the authority of the United States, shall 
be the supreme law of the land notwithstanding 
anything in the Constitution or laws of particular 
States." — Virginia Debates, p. 380. 

Another one of the most powerful opponents, 
Mr. George Mason, thus expressed one of his 
objections to the Constitution : 

" Is there anything in this Constitution which 
secures to the States the powers which are said 
to be retained? Will powers remain to the 
States, that are not expressly guarded and 
reserved ? I will suppose a case, gentlemen may 
call it an impossible case, and suppose that Con- 
gress will act with wisdom and integrity. Among 
the enumerated powers, Congress are to lay and 
collect taxes, duties, imports and excises, and to 
pay the debts and provide for the general welfare 
and common defence, and by that clause, so often 
called the sweeping clause they are to make all 
laws necessary to execute those laws. Now sup- 
pose oppression should arise under this govern- 
ment, and any writer should dare to stand forth 
and expose the government at large in the 
abuse of those powers, could not Congress, under 



38 Life and Events. 



the idea, of providing for the general welfare, 
and under their construction, say that this was 
destroying the peace, encouraging sedition and 
poisoning the minds of the people ? And could 
not they, not in order to provide against this, 
lay dangerous restrictions on the press? Might 
they not even bring the trial of this restriction 
within the ten miles square, when there is no 
restriction against it? Might they not thus 
destroy the right of trial by jury? Would they 
not extend their implication ? It appears to me 
they might and would ? That Congress should 
have power to provide for the general welfare 
of the Union, I grant — but I wish a clause in 
the Constitution, with respect to all powers which 
are not granted, that they are retained by the 
States. Otherwise the poAver of providing for the 
general welfare may be perverted to their destruc- 
tion." — Virginia Debates, p. 313-14. 

In his reply Col. Nicholas said : 

"The opposers of this clause, which gave the 
powers of providing for the general welfare, 
supposed its dangers to result from its connection 
and extension of the powers granted in other 
clauses. He endeavored to show the committee, 
that it only empowered Congress, to make such 
laws as would be necessary to enable them to 
pay the public debts and provide for the general 
defence ; that this general ivelfare was not united 
with the general power of legislation, but to the 
particular power of laying and collecting taxes, 



Life and Events. 39 



imposts and excises for the purpose oL paying 
the debts and providing for the common defence. 
The clause wliich was affectedly called the sweep- 
ing clause, contained no new grant of power. 
To illustrate this position he observed, that if it 
had been added at the end of every enumerated 
power, instead of being inserted at the end of all, 
it would be obvious to any one, that it was no 
augmentation of power. As for instance, if at 
the end of the clause granting power to lay and 
collect taxes, it had been added, that they should 
have power to make all laws necessary and 
proper, to colfect taxes, .who could suspect it 
to be an addition? as it would grant no new 
power, if inserted at the end of each clause, 
it could not when subjoined to the whole. But 
who is to determine the extent of such powers ? 
I say the same potver ivhich in all well regulated 
communities determines the extent of legislative 
powers. If they exceed those powers, the judiciary 
will declare it void. 

;K * * * * 

It is a simple and plain proposition. It is 
agreed by all, that the people have all power. If 
they part with any of it, is it necessary to declare 
that they retain the rest. 

Liken it to any other similar case. If I have 
one thousand acres of land and I grant five hun- 
dred acres of it, must I declare that I retain the 
other five hundred ? Do I grant the whole thou- 
sand acres when I grant the five hundred, unless 



40 Life and Events. 



I declare that I retain the five hundred? It is 
so in this case; after granting some powers the 
rest must remain with the people. — Va. D. p. 
314-15. 

" Again he says 

" In Virginia all powers were in the government 
Avithout any exception. It was different with the 
general government to which special powers were 
delegated for certain purposes. 

" The gentleman last up, says that the general 
power of legislation includes everything. A gen- 
eral power does; but this is a special power of leg- 
islation ; therefore it does not contain that plenitude 
of power which he imagines. They can not legis- 
late in any case but in those particularly enu- 
merated." ****** 

" The liberty of the press is secured. What 
secures it in England? Is it secured by Magna 
Charta, the declaration of rights or by any other 
express provision? It is not. They have no 
express security for the liberty of the press. 
They have a reliance on parliament for their 
protection and security. In the time of king 
William, there parsed an act for licensing the 
press. That was repealed and since that time 
it has been looked upon as safe. The people 
have depended on their representatives. They 
will not consent to pass an act to infringe it, 
because such an act would irritate the nation. 
It is equally safe with us. As to trial by 



Life and Events. 41 



jury, it is not on a better footing. It is by 
implication under tbe control of the legisla- 
ture."— Fa. i>. p. 179-80. 

It is worthy of remark that the liberty of 
speech, of the press, and the right of trial 
"by jury, were expressly secured soon afterward, 
by amendments to the Constitution. 

Early in the debate, Mr. Henry made the 
following statement, as one of his numerous 
objections to the adoption of the Constitution: 

"There is a dispute between us and the 
Spaniards about the right of navigating the 
Mississippi. This dispute has sprung from the 
federal government. * 

" In my opinion the preservation of that river 
calls for serious consideration. It was figitated 
in Congress. Seven States have voted so that 
it is known to the Spaniards, that under our 
existing system, the Mississippi shall be taken 
from them. Seven States wished to relinquish 
this river to them. The Southern States opposed 
it. Seven States not being sufficient to convey 
it away, it remains now ours. If I am wrong 
there are a number on this floor who can con- 
tradict me— I will readily retract. This new 
government, I concieve, will enable those states 
that have already discovered their inclination to 
give away this river. Will honorable gentlemen 
advise us to relinquish this inestimable naviga- 
tion, and place formidable enemies at our backs?" 
— Va. B.p. 115. 



42 Life and Events. 

Another, one of the most powerful opponents of 
the Constitution, Mr. George Mason, had thus ex- 
pressed one of his objections to the Constitution. 

" It is ascertained by history, that there 
never was a government over a very extensive 
country without destroying the liberties of the 
people : History, also supported by the opinions 
of the best writers, shows us that a monarchy 
may suit a large territory ; and despotic govern- 
ments over so extensive a country ; but that 
popular governments can only exist "in small 
territories. Is there a single example on the 
face of the earth to support the contrary opin- 
ion? was there one exception to this rule? was 
there ever an instance of a general government 
extending over so extensive a country, abounding 
in such a variety of climates, where the people 
retained their liberties?" — Va. D. p. 65. 

In reply Col. Nicholas proceeded : 

" It is a fact known to many members, within 
my hearing, that several members have tried 
their interest out doors to induce others to op- 
pose this system. Every local interest that 
could affect their minds, has been operated upon. 
Can it be possible that gentlemen elected for 
their ability and integrity, to represent the peo- 
ple of Virginia in this convention, to determine 
this question, can be influenced by motives like 
these ? * >K * ^n answer which has been 
given in this, that if this Constitution be adopted, 
the western counties will be be lost. It is bet- 



m 



Life and Events. 43 



ter that a few counties should he lost, than all 
America! But, sir, no such consequences can 
follotv from its adoption, they will he much more 
secure than they are at present.'" 

^ * ^< * * * 

This Constitution, sir, will secure the equal liberty 
and happiness of all. It will do immortal honor to 
the gentlemen who framed it! * * * He (Mr. 
Henry) has touched on a strin<^ which will have great 
effect. The western country is not safe if this plan 
be adopted. What do they stand in need of 1 Do 
they want protection from enemies ? The present 
weak government can not protect them. But the 
exercise of the Congressiontil poAvers, proposed by 
this Constitution will afford them ample security, 
because the general government can command the 
whole strength of the Union, to protect any parti- 
cular part. There is another point wherein this 
government will set them right. I mean the west- 
ern posts. This is a subject with which every gen- 
tleman here is acquainted. They have been with- 
held from us by the British since the peace. * * As 
to the navigation of the Mississippi, it is one of the 
most inalienable rights of the people, and ought to 
be relinquished on no consideration. The strength 
of the western people is inadequate to its retention 
and enjoyment. They can receive no aid from the 
confederation. This navigation can only be secured 
in one of two ways, by force or by treaty. As to 
force, the new government will be more likely to 
retain it than the old. It will also be more likely 



44 Life and Events. 



to retain it by means of treaties; because, as it 
will be more powerful and respectable, it will be 
more feared ; and as they will have more power 
to injure Spain, Spain will be more inclined to 
do them justice." — Va. D. p. 174. 

He concluded " by making a few observations 
on the general structure of the government, and 
its probable happy operation. He said that it 
ivas a government calculated to suit almost any 
extent of territory. He then quoted the opinion 
of the celebrated Montesquieu, from Vol. 1, bk. 
ix, where that writer speaks of a confederated 
Republic, as the only safe means of extending the 
sphere of a Republican government to any con- 
siderable degree." — Va. D. p. 180. 

Again he exclaimed to his opponents ; " will you 
join an opposition which so directly tends to dis- 
union ? Can any member here think of disunion 
without horror ! — Va. D. p. 176. 

In the same speech he likewise spoke : 

" It was said that France and Spain would not 
be pleased, to see the United States united in one 
great empire. Shall we remain feeble and con- 
temptible to please them ? Shall Ave reject our 
own interest to promote theirs ?" 

Under the articles of confederation, it required 
the consent of nine States to make a treaty. Mr. 
Henry, and other great opponents, made powerful 
efforts against the Constitution upon the ground, 
that there being but seven States in favor of relin- 
quishing the Mississippi, it was, under the old sys- 



Life and Events. 45 



tern safe to the west ; but under the proposed 
Constitution the Senators from the States in favor 
of relinquishing that river, being largely over two- 
thirds of a quorum, might ratify a treaty giving up 
that river. 

This was a most powerful weapon with the western 
members, and imperiled, the entire vote on the final 
question. 

In replying again to these objections, Col. Nic- 
holas said, " we have been alarmed about the loss 
of the Mississippi in and out of doors. What does 
it all amount to ? * * * Is the right better 
secured under the present confederation, than the 
new government ? 

I beg leave to draw the attention of the com- 
mittee to this question. It is objected by my 
friend to the left, (Mr. Henry,) that two thirds of 
the Senate present, may advise the President to 
give up this right by a treaty, by which five States 
may relinquish it. It is provided in the first article, 
that a majority of each house, shall constitute a 
quorum to do business, and then in the second arti- 
cle, that the President, by and with the consent of 
the Senate, shall have power to make treaties. 
What part of the Senate ? It adds, " provided two 
thirds of the Senators concur. What is the infer- 
ence ? That there must be a quorum, and two 
thirds of the whole must agree." * * * * 

" But the worthy member says, that this strong 
government is such a one as Kentucky ought to 
dread. Is this just, Mr. Chairman? Is it just by 



46 Life and Events. 



general assertions, without arguments or proofs to 
cast aspersions on it ? 

What is the situation of that country? If she 
has a r'ght and is in possession of that river, I ask 
the gentleman why she does not enjoy the fruits of 
her right? I wish, if she has the river, she would 
give the people passports to navigate it. What do 
^/ie?/want? They want a government which will 
force from Spain the navigation of that river. I 
trust, sir, that let the situation, government and 
politics of America, be Avhat they may, I shall live 
to see the time, when the inhabitants of that coun- 
try will wrest from that nation, that right Avhich 
she is so justly entitled to. If we have that 
government which we ought to have, they will have 
the ability to enforce their right. 

5i; * * * ^ * 

" I think that Kentucky has nothing to expect 
from any one State, alone, in America. She can 
expect succor alone from a strong, eflficient gov- 
ernment, which can command the resources of the 
Union when necessary. She can receive no sup- 
port from the old confederation. Consider the 
present state of that country : declared independent 
of Virginia, to whom is she to look for succor ? No 
sister State can help her. She may call on the 
present general government, but, whatever may be 
the wish of Congress, they can give them no relief. 
There is my property, and there I intend to reside. 
I should be averse to the establishment of any sys- 
tem which would be injurious to it. I flatter 



Life and Events. 47 



myself that this government "will secure their hap- 
piness and liberty." 

j(i ^ 5jl ?[C 3p 5f* 5f> !fi 

Near the close of the debate a scene took place 
between him and Mr. Henry, which shows that 
some feeling had been aroused between them, in 
the discussion: 

"Mr. Nicholas, * * * as to the claims of 
certain companies who purchased lands of the In- 
dians, they were determined, prior to the opening 
of the land office, by tlie Legislature of Vir- 
ginia, and it is not to be supposed they will 
be returned again. But, sir, there are gentle- 
men who have come by large possessions that it 
is not so easy to account for. Here Mr. Henry 
interfered, and hoped the honorable gentleman 
meant nothmg personal. Mr. Nicholas observed, 
I mean what I say, sir." * * * 

" Mr. Henry, If the gentleman means personal 
insinuations, or to wound my private reputation, 
I think this is an improper place to do so. * * * 
As to land matters I can tell how I came by what 
I have — but I think that gentleman, Mr. Nicholas, 
has no right to make that enquiry of me, I mean 
not to offend any one, I have not the most distant 
idea of injuring any gentleman, my object was to 
obtain information. If I have offended in private 
life or wounded the feelings of any man, I did not 
intend it. I beg pardon, sir, for having inter- 
rupted thus far." 

" Mr. Nicholas ; Mr. Chairman, I meant no 



48 Life and Events. 



personality in what I said, nor did I mean any 
resentment. If such conduct deserves the con- 
tempt of that gentleman, I can assure him it 
meets with an equal contempt from me." 

" Mr. President, observed that he hoped gen- 
tlemen would not be personal ; that they would 
proceed to investigate the subject calmly and in 
in a peaceable manner." 

" Mr. Nicholas, replied that he did not mean 
the honorable gentleman, (Mr. Henry,) but he 
meant those who had taken up large tracts of 
lands in the western country. The reason he would 
not explain himself before was, that he thought 
some observations dropped from that gentleman, 
that ought not to have come from one gentleman 
to another." 

The objections to the adoption of the Consti- 
tution referred to by the preceding quotations, 
and others were presented through the discussion 
with all the intrepid eloquence of Henry, the 
"Roman energy," and dense logic of Mason and 
the glowing genius of Grayson. 

With the same ability indicated by the quo- 
tation from his speeches, Col. Nicholas defined 
and defended every important portion of the 
Constitution, embracing the nature, extent and 
division of the powers of the government and the 
security of the people, as the supporters and 
controllers of the entire system through their 
own chosen officers. 

On the 25th June, 1788, Col. Nicholas announ- 



Life and Events. 49 



ced that the friends of the Constitution desired 
no further discussion ; that they were convinced, 
further time would only serve those, who wished 
to destroy the Constitution ; that its friends 
wished it to be ratified, and such amendments 
as might be necessary, to be subsequently con- 
sidered by a committee, in order to be recom- 
mended to Congress, to be acted upon accord- 
ing to the amendatory mode presented in itself. 
This closed the discussion, and the Constitution 
of the United States was ratified on the same day, 
by a majority of ten votes of the members of the 
Virginia convention ; the same being, ayes 89, 
noes 79, votes. 

After Independence was secured and also 
after the adoption of the Constitution of the 
United States, the next great question that agita- 
ted the people of the Union, was a question of 
territorial policy. In order to understand this 
question, it is necessary to commence with its 
beginning. When it became certain that the 
Independence of the Colonies was established, 
the friendly courts of Spain and France, mani- 
fested great uneasiness about the western limits 
of the new Republic. Spain being the owner of 
immense possessions on the Mississippi, and 
France in the West Indies, it became the object of 
both to make the Alleghanies the western bound- 
ary of the United States. Failing in this, Leon 
Gardoqui, the Spanish Minister, in pursuit of 
their next object, opened a negotiation in 1786 



50 Life and Events. 



■with John Jay, the Secretary of foreign aifairs 
for the United States, concerning the Mississippi 
river. Jay's instructions from Congress, forbade 
him from conceding any right of the States to 
that river, but he reported to Congress, that 
by relinquishing their right to navigate it 
for twenty years, the States could obtain more 
than an equivalent for the same. Thereupon 
seven north-eastern States voted to rescind Jay's 
instructions, for the purpose of enabling him to 
cede away all right to the use of that river for 
twenty years. In 1787, Kentucky made her fifth 
application for admission into the Union, Her 
application was made through John Brown, 
an eminent lawyer and statesman, resident of 
Kentucky. He informed his constituents, that he 
believed the jealousy of the New England States, 
to any increase of Southern States had defeated 
their efi'orts, and he thought the same cause would 
have a similar effect with the new government. 
He gave it as his opinion that Kentucky would 
declare her independence. 

In 1787, Hon. Henry Innis, a man of high and 
distinguished personal and political position, wrote 
to the Governor of Virginia, giving it as his 
opinion that Kentucky would form herself into an 
independent State in two or three years, because 
Congress did not protect her, and under the 
existing system she could not protect herself. 
He adds, " I have just dropped this hint to your 
excellency for matter of reflection." 



Life AND Events. 51 



While the people of Kentucky were thus baffled 
in every effort for admission into the Union; 
while they had failed in every effort to obtain 
protection for their frontiers, the Indians con- 
tinued, incessantly their shocking murders. 

Under these circumstances, Kentucky was 
called upon to elect delegates to the Virginia con- 
vention, called to adopt or reject the Federal 
Constitution; and from these causes nearly the 
entire population, including nearly all the leading 
men in Kentucky, were opposed to the adoption 
of the Constitution. The principal grounds of 
their opposition was the previous refusal of the 
General Government to protect their frontiers ; 
her refusal to admit them into the Union as a 
State, and her refusal to secure them the use of 
the Mississippi river. In 1787, Kentucky held 
her seventh convention in Danville, having for its 
object the consideration of these measures. 

But she was again foiled in her efforts and con- 
tinued to struggle for the right of becoming a 
State, and of navigating the Mississippi river. 
This was her condition when George Nicholas 
advocated the adoption of the Constitution of the 
United States, and when soon afterwards he made 
her his home. His first public effort after his 
removal is referred to as follows by a distinguished 
gentleman and writer : 

" In December, 1791, the ninth and last con- 
vention was elected, who assembled at Danville 
in April following, and framed the first constitu- 



52 Life and Events. 



tion of Kentucky. George Nicholas, who had 
been eminently distinguished in the Virginia con- 
vention, which adopted the Federal Constitution, 
was elected a member of the Kentucky conven- 
tion from the county of Mercer, and took an 
active and leading part in the formation of the 
first Constitution." Kentucky was soon after- 
wards admitted into the Union ; the first fruits of 
Independence and of the Constitution of the 
United States, she thus commenced a career of 
glory with her maternal States. 

In 1793, it was rumored that Jay, who was 
regarded as an enemy to Kentucky, was to be 
sent as Minister to England, and that the naviga- 
tion of the Mississippi was to be abandoned by 
our government. These rumors, in the abscence 
of contradiction, and, coupled as they were with 
the failure of the General Government to protect 
Kentucky from the incessant murders of the 
Indians, and her failure to protect the Mississippi 
trade, produced the fiercest excitement with the 
people. 

There being no such thing then as transporta- 
tion by steam, the currents of that great river 
and its ti-ibutaries, were the only outlets for 
the produce of its great valleys. Their pros- 
perity, present and future, depended upon it. 
The general government was then negotiating 
a treaty with Spain on the subject. Fearing 
it would direct emigration and trade from the 
north-eastern States, there was a party there, 



Life and Events. 53 



and its allies in the west, making every effort 
to defeat any acquisition in this direction. In 
Kentucky the people were denouncing them 
in the bitterest terms for a course of policys, 
so ruinous to their prospects. 

We have already seen from his declarations 
in the Virginia convention, that Col. Nicholas 
considered the navigation of the Mississippi, 
one of the inalienable rights of the citizens of 
its valleys, and advised the government to 
wrest that right from Spain, by force if neces- 
sary, and secure it to our citizens. But after 
the adoption of the Constitution, the general 
government kept secret from the west her long 
delayed negotiations on the subject, and failed 
to protect the people in the use of the river. 
This created great dissatisfaction in the west, 
and led the people to believe, that the party 
in power would delay, and perhaps finally defeat 
the measure. 

Their only hope then was to maintain friendly 
relations with Spain, until they could get an 
administration that would use the power of the 
government, to secure to them this inestimable 
boon. These were the circumstances and objects 
comprehended by Col. Nicholas and his party. 
Some of the enemies of that vitally important 
measure — enemies to the acquisition of the 
Mississippi — have attempted to slander their 
course as they did their policy. 

Such attempts oulj show the vindictiveness or 



54 Life and Events. 



short-sightedness of those who made it. A rash 
or insulting act, would have insulted the haughty 
Spanish monarch, and so far as could then be seen 
or supposed, would have endangered, perhaps 
defeated their wishes and objects. 

The subsequent course of events proves this 
to have been the object of the opposition ; 
to quarrel with Spain ; thus defeat the acquisition 
by treaty ; to refuse to hold the river by force 
or conquest, and thus entirely defeat that great 
measure. It is the true record of history, that 
the administration did dispute with Spain over 
this question ; that it did also refuse to protect 
the citizens in the use of that river, and finally 
so insulted the government of Spain, that, in 
1800, she ceded the whole of the territory 
of Louisiana to France by secret treaty ; and 
nothing but the approaching Avar with England 
in 1803 induced the ambitious Napoleon to sell 
that inestimable country to the United States 
of America. Even after this acquisition the 
opposing party never ceased to pursue its old 
policy; and it is astonishing to witness the fact, 
that the same party ever so far obtained the con- 
fidence of the Monroe administration, as to influ- 
ence it to cede a large portion of Louisiana — 
the portion since called Texas — to Spain, and 
that too for a very inconsiderable consideration. 

The party in power did not stop at these efforts, 
blighting as they would have been to the pros- 
pects of the great Mississippi Valley. The 



Life and Events. 55 



increase of foreign emigration to the United 
States, and its rapid tendency to the West 
were some of the reasons that induced the same 
party to pass the alien and sedition laws. 

The close of the Revolution, the adoption of 
the Constitution of the United States, and the 
admission of Kentucky into the Union, caused 
a great rush of emigration to the rich and 
beautiful lands of the west. Kentucky having 
been the dark and bloody ground of Indian 
war, this first fair daughter of the revolution 
was peopled by many of the boldest spirits of 
the east. Shut out as they were by the impassa- 
ble AUeghanies, from the Atlantic Markets, their 
only hope for trade was in the south ; their 
means of transportation, the currents of her rivers. 
Before them stretched an almost boundless coun- 
try, peopled by their deadly, hereditary foes — 
the cruel Indians. Here was the great heart and 
artery of a mighty empire, inviting millions to fell 
her forests, cultivate her soil, and build all the 
wants and institutions of civilization. When, there- 
fore, this party proposed by these measures — 
proposed to surrender the Mississippi, destroy for- 
eign emigration, and even silence opposition to 
these stupendous usurpations, it is not at all 
surprising that Kentucky was the first state to 
present her bold front against the party and the 
measures which threatened to blight forever the 
fairest prospect on the globe. 

The people of the eastern ^states, even Vir- 



56 Life and Events. 



ginia, did not at first see nor feel the pending 
ruin of the west. Jefferson and Madison, both 
men of peaceful dispositions ; — Jefferson being in 
the Vice Presidency, it was the destiny of Ken- 
tucky chivalry first to feel the blows aimed at 
her liberty and prosperity, and to rise in con- 
stitutional rebellion against them ; it was the 
great spirit of George Nicholas that chiefly led 
this army of patriots. 

Soon after the Virginia Convention, Col. Nich- 
olas removed to Kentucky. Here he devoted 
himself assiduously to his profession and main- 
tained among her most gifted votaries, the highest 
position. But the great questions of that great 
period demanded a portion of his efi"orts. Ken- 
tucky struggling to become a State of the Union, 
and the Union herself just commencing her 
career for weal or for woe, demanded his assis- 
tance. As a delegate from the county of Mercer, 
he was chiefly the author of Kentucky's first 
Constitution. He also accepted the office of At- 
torney General or Constitutional adviser to Ken- 
tucky's first, and a second time her pre-eminent 
Governor, who was a distinguished patriot and 
soldier of the revolutionary war. In connection 
with the questions of the State, he was the great 
leader of his party on the national issues. His 
writings spread truth abroad and his speeches 
aroused great enthusiasm at home. When an- 
nounced that he wptild speak on the great ques- 
tions of the times^ multitudes of his countrymen 



Life and Events. 57 



gathered to hear him. Surrounded by great 
opposition, yet his bold facts and arguments pro- 
duced the clearest conviction, and his appeals to 
patriotism were responded to by irresistable ma- 
jorities. His efforts procured and produced the 
almost imanimous passage of the celebrated reso- 
lutions of '98, through the legislature of Ken- 
tucky ; his letter on the great questions of 
the day was then written and published to the 
country. He thus gave the first great impulse 
to the cause ; to the cause that proclaimed Thomas 
.Tefferson Chief Magistrate of the Union, and 
thus commenced a career of goodness and of 
greatness unrivalled in the history of parties or 
governments. 

The following letter from Mr. Jefferson to a son 
of Col. Nicholas, gives the history of the cele- 
brated resolutions of '98. 

Monticello, Dec. llth, 1821. 

To Nicholas : 

Dear Sir : — Your letter of Dec. 19th places 
me under a dilemma which I can not solve, but 
by an exposition of the naked truth. I would 
have wished this rather to have remained as 
hitherto without inquiry, but your inquiries 
have a right to be answered. 1 will do it as 
exactly as the great lapse of time and a 
waning memory will enable me, I may misre- 
member indifferent circumstances but can be 
right in substance. 



58 Life and Events. 



At the time when the republicans of our 
country were so much alarmed at the proceed- 
ings of the federal ascendency in Congress, in 
the executive and judiciary departments, it be- 
came a matter of serious consideration, how 
head could be made against their enterprises 
on the Constitution. The leading republicans in 
Congress found themselves of no use there, 
brow-beaten as they were by a bold and over- 
whelming majority. They concluded to retire 
from that field, take a stand in the State legis- 
latures and endeavor there to arrest their progress. 
The alien and sedition laws furnished the par- 
ticular occasion. The sympathy between Vir- 
ginia and Kentucky was more cordial and more 
intimatly confidential, than any other States of 
the republican policy. Mr. Madison came into 
the Virginia legislature. I was then in the Vice- 
Presidency and could not leave my station. But 
your father (Col. Geo. Nicholas), Col. W. C. 
Nicholas, (a brother) and myself happening to 
be together, the engaging the co-operation of 
Kentucky in an energetic protestation against the 
constitutionality of those laws, became a subject 
of consultation. 

Those gentlemen pressed me strongly to sketch 
resolutions for that purpose, your father under- 
taking to introduce them to that legislature, 
with a solmen assurance which I strictly required 
that it should not be known from what quarter 
they came. I drew and delivered them to him, 



Life and Events. 59 



and in keeping their origin secret, he fulfilled 
his pledge of honor. Some years after this Col. 
Nicholas asked me, if I would have any objec- 
tion to its being known that 1 had drawn them, 
I pointedly enjoined that it should not. Whether 
he had unguardedly intimated it before to any 
one, I know not ; but afterwards observed in the 
papers repeated imputations of them to me, on 
which, as has been my practice on all cases of 
imputation, I have observed entire silence. The 
question, indeed, has never before been put to 
me, nor should I answer it to any other than 
yourself; seeing no good end to be proposed by 
it, and the desire of tranquility inducing, with 
me, a wish to be withdrawn from public notice. 

Your father's zeal and talents were too well 
known, to derive any additional distinction from 
the penning of these resolutions. That circum- 
stance, surely, was of far less merit, than the 
proposing and carrying them through the legis- 
lature of his State. 

The only fact in this statement, on which my 
memory is not distinct, is the time and occasion 
of the consultation -with your father and Col. 
Nicholas. It took place here, I know ; but 
whether any other person was present or com- 
municated with, is my doubt. I think Mr. 
Madison was either with us, or consulted, but 
my memory is uncertain as to minute details. 

I fear, dear sir, Ave are now in such another 
crisis, with this difference only, that the judiciary 



60 Life and Events. 



branch is alone and single-handed in the present 
assaults on the Constitution. But its assaults 
are more sure and deadly, as from an agent 
seemingly passive and unassuming. 

May you and your cotemporaries meet them 
with the same determination and effect, as your 
father and his did the alien and sedition laws, 
and preserve a Constitution which, preserved in 
all its chastity and purity, will prove a blessing, 
in the end, to all the nations of the Earth. 

With these prayers, accept those for your 
own happiness and prosperity. 

Thomas Jefferson." 

On the same day. Col. Nicholas caused these 
resolutions to be carried through the legislature 
of Kentucky, he commenced his great l6tter to 
his friend in Virginia ; to wit, November 10th, 
1798. This letter preceded Mr. Madison's cele- 
brated report about a year, and it is believed 
that the patriot, lawyer or statesman can read 
it with emotions only of grateful pleasure and 
pride. When it is considered that it was written 
in the first great contest of practical statesman- 
ship, under the Constitution of our country ; 
written in defiance of the pains and penalties of 
the laws and powers it denounced, it may then 
be appreciated as one of the efforts of a patriot 
in defence of the Constitution of his country, 
under the most trying circumstances, and in 
the most important period of her history. 



CHAPTER III. 

I 

Lexington, Ky., Nov. 10, 1798. 

My Deak Sirs : 

***** Having shown me 
that part of your letter to him which respects 
our politics, and myself, I have prevailed on 
him to lend me the letter, that I might have 
it in my power to answer it. I am induced to 
do this as well from a desire to remove the unjust 
impressions and representations which have heen 
received hy and made to our fellow citizens, of 
our views and designs, as from a wish, that by 
making our real sentiments public, an opportu- 
nity may be afforded of detecting the errors 
on which they are founded, if they really are 
erroneous. 

Before I enter on the subject, let me request 
your calm and deliberate consideration of what 
I shall advance. Opinions and reasoning which 
are in opposition to what we think right our- 
selves, are often condemned and rejected too 
hastily ; but this is not the way to remove 
errors; full and dispassionate investigation is 
the only means of arriving at truth, and the 
real patriot can have no other object in his 
political inquiries. 

The warmth of my own passions, the improper 
influence which I am conscious, that they too 



62 Life and Events. 



often have over my judgment, and the particular 
tendency which I feel, that they possess to 
lead the mind astray, in its attempts to form 
a just opinion, as to our present political ques- 
tions, all conspire to make me urge this request 
on my friends whose good opinion I wish to 
preserve, whose unintentional errors I wish to 
see corrected, and whose well known patriot- 
ism I wish to rouse, before that period shall 
arrive, when a conviction of the most important 
truths will come too late ; and when the remem- 
brance that it was not felt earlier, will be 
attended with the most heartfelt sorrow and con- 
cern. If after having devoted the prime of your 
life to the establishment of the liberty of your 
country, if after having shed your blood in its 
defense, if after seeing you surrounded with 
children and grand-children, for whose sake you 
have voluntarily submitted to all the ills neces- 
sarily attendant on revolutions and wars, what 
would be your feelings in the decline of life, 
if you should see that liberty destroyed? I 
know you so well as to be satisfied that nothing 
could add to the bitterness of such a situation, 
but the recollection that you had, by an improper 
and unlimited confidence, even undesignedly con- 
tributed to it. Pause then, my friend, and think 
deliberately and dispassionately, and do not let 
any improper conduct in a foreign nation to 
which your attention is artfully turned on one 
side, blind you to the eminent danger which 



Life and Events. 63 



hangs over the liberties of your country, on the 
other. At the time you are calling out arm, arm, 
against a foreign foe, who you say threatens 
the independence of our country, do not shut 
your eyes to domestic violations of our con- 
stitution and our liberties. What will it avail 
us, if we can preserve our independence as a 
nation, nay, if we can even raise our country 
to the highest pitch of national glory, provided 
we at the same time lose our own liberties ? 
If France is at this time subjected at home to 
the military despotism which is said to reign 
there, will the conquest achieved by her arms, 
and the glory which surrounds her, compensate 
the people of that country in the smallest 
degree for their lost liberties ? Can the power 
and confidence of tyrants ever aleviate the 
miseries of their slaves? If they can not, we 
ought to consider it as a truth of the most 
important nature, that independence abroad is 
of no real value unless it is accompanied with 
liberty at home. 

The preamble to our Constitution declares, 
that the securing this liberty was the great 
and primary consideration, which induced the 
people of America to form that Constitution ? 
" We, the people of the United States, in order 
to form a more perfect union, establish justice, 
insure domestic tranquility, provide for the c^om- 
mon defence, promote the general welfiire, and 
secure the blessings of liberty to ourselves and 



64 Life and Events. 



our posterity, do ordain and establish this Con- 
stitution for the United States of America." 

My feelings have forced from me these ob- 
servations : I will now answer your letter. 

You say, " we entertain none of your fears ; 
our liberties we think are not in danger." It is 
not at all surprising when we form such different 
opinions of our political situation, that our con- 
duct also should be so materially different ; but 
as the conduct of either can be right only as 
far as the opinion by which it is actuated shaU 
prove to be just, we ought carefully to ascertain 
which of those opinions is founded on propriety. 
No country can be free, unless it has a Consti- 
tution limiting in a sufficient degree, the powers 
of those who are appointed to administer the gov- 
ernment ; and also guarding those powers from 
abuse, as far as such a guard can be established. 
The most effectual guard which has yet been dis- 
covered against the abuse of power; is the division 
of it. It is our happiness to have a Constitution 
which which contains it, a sufficient limitation to 
the power granted by it, and also a proper 
division of that power. But no Constitution 
affords any real security to liberty, unless it is 
considered as sacred and preserved inviolate ; 
because that security can only arise from an 
actual, and not from a nominal limitation and 
division of power. Every violation of such a 
Constitution must be made in one of two ways ; 
either by an assumption by the government at 



Life and Events. 65 



large, of greater powers than is given to it by the 
Constitution, or by one branch of th^ government 
assuming to itself, or having transferred to it by 
the other branches, powers which the Constitu- 
tion declares shall be exercised only by the other 
branches, or by the whole government. This 
transfer even of the Constitutional powers, from 
the whole to a part, or from the part to 
which they are given by the Constitution, to 
a part to which they are not given; is as dan- 
gerous to liberty, as an assumption by the whole 
of the government, of more power than is given 
to it by the Constitution, because the division 
of the power which is given, is as essential as 
its limitation to the preservation of liberty. 
Before, therefore, we can admit the truth of 
your opinion, that "our liberties are not in 
danger," we must be satisfied that our govern- 
ment has neither assumed to itself, others or 
greater powers than are assigned to it by the 
Constitution, by permitting any one branch of 
the government to exercise powers especially 
confiided by the Constitution, either to the whole 
or to other parts of the government. 

I will examine a number of the acts of our 
government by these tests. The Constitution 
declares that " Congress shall have power to raise 
and support armies," an act passed by Congress 
gives the President power in the event of the 
declaration of war against the United States, or 
of actual invasion of their territory by a foreign 



Qij ' Life AND Events. 



power, or of iminent danger of sucli invasion, 
discovered in his opinion to exist, before the next 
session of Congress to cause to be enlisted and to 
call into actual service, a number of troops not 
exceeding 10,000 ; to be enlisted for a term not 
exceeding three years." The same bill also enacts, 
" that in addition to the aforesaid number of 
troops ; the President is hereby empowered, at 
any time within three years after the passing of 
this act, if in his opinion the public interest shall 
require it, to accept any company or companies 
of volunteers either of artillery, infantry or 
cavalry, who may associate and offer themselves 
for the service, Avho shall be armed and equipped 
and clothed at their own expense, and whose com- 
missioned officers the President is hereby author- 
ized to appoint, who shall be liable to be called 
to do military duty at any time the President 
shall adjudge proper, within two years after he 
shall accept the same." Ijj this act the power ves- 
ted by the Constitution in Congress, " to raise 
armies," has been by them transferred to the 
President; and he is made the sole judge of the 
necessity of raising this army, and of the number 
that it shall consist of, so that the regulars do 
not exceed 10,000 ; but without any restrictions 
as to the number of volunteers, and as the Presi- 
dent is at liberty to accept of volunteers at any 
time within three years after the passage of the 
act, and as they are liable to be called on to do 
military duty at any time the President shall 



Life and Events. 67 



adjudge proper, witbin tAvo years after he shall 
accept of their services, it may be truly said, 
that he has an absolute power for five years, to 
raise an army to any amount he pleases, to be 
commanded by ofiicers of his own appointment, 
and to do such service as he shall be pleased to 
direct ; and if these corps of volunteers are to 
be considered as select corps of militia, in which 
light they appear to have been considered by the 
amendatory act passed on this subject, which 
declares that after their service are accepted 
by the President, that they shall be exempted 
from military duty in other corps. The power 
given to the President by the bill, to appoint 
their commissioned ojQacers, violates that part of 
the- Constiution which "reserves to- the States 
respectively the appointment of the military 
officers." The Constitution also gives power to 
Congress, "to provide and maintain a navy," but 
they have authorised the President to accept by 
the Avay of a loan, of any number of ships that 
may be offered to him. The Constitution has also 
given power to Congress " to borrow money on 
the credit of the United States ; but they have 
given the President power to borrow 5,000,000 
of dollars without any limitation as to the amount 
of the interest to be paid on the loan. Thus 
Congress have by these different acts, to the 
degree that I have stated, transferred the power 
over the purse and the sword vested in them by 
the Constitution, to the President; and if a power 



68 Life and Events 



over the purse and sword has always been properly 
considered as including within it all other powers, 
and if this power to the extent to which it hath 
been now given to the President hath already, as 
you suppose, produced forty ships of war, and 
10,000 volunteers, and will also shortly produce 
more than 10,000 regulars, all officered by chosen 
spirits selected by the President himself, and 
dependant on him for their continuance in office, 
I beseech you, to inform me on what it is that you 
found your opinion, that our " liberties are not 
in danger." So far from my being able to concur 
with you in this way of thinking, after the 
most serious reflections on the subject, I am 
clearly of opinion that if the real difference be- 
tween our government, as fixed by our Constitu- 
tion and an absolute government could be ascer- 
tained, it would be found that those who have 
administered our government, have already by 
their different violations of the Constitution, and 
of the republican principles on which it is founded, 
done away and destroyed much the greater and 
most poAverful part of this guard to liberty, 
which are contained in that Constitution ; and 
which originally copstitiited the essential differ- 
ence between our government and a despotic 
government. And that if, they have in so short a 
time, with the means which they had in their 
power, and when the Constitutional barriers, been 
able to affect so much that it will not require any 
great effort on their part, to remove the remaining 



Life and Events. 69 



difference between the two governments, when their 
means of attack are increased in a twenty fold 
degree, and when the principal Constitutional 
barriers are already laid prostrate at their feet, 
unless the people of America, will rally around 
their Constitution for itsprotection. 

You say also, "the alien law you wish perpetu- 
ated." My knowledge of you convinces me, that 
you will recall that wish, if I can satisfy you that 
this law violates the Constitution, by exercising 
a power not delegated to Congress by the Consti- 
tution, and by infringing on authority which prior 
to the Constitution was vested in the State gov- 
ernments, and which the Constitution still reserved 
to them, that it violates rights secured to alien 
friends by the Constitution, of the Federal as well 
as the State governments ; that it is impolitic, 
and that it is unjust and unnecessary. You know 
that this act concerns alien friends only, their 
being another special act of Congress directing 
what shall be done with alien enemies, this will 
render it necessary in the discussion of this ques- 
tion to take any notice of the doctrine concerning 
alien enemies. To understand the Constitutional 
powers of Congress on this subject, we should 
recollect the State in which this business was, 
prior to the adoption of the Constitution, and then 
ascertain the change which was made in it by 
that Constitution. Prior to the adoption of the 
Constitution, the people inhabiting the different 
States might have been divided into two classes, 



70 Life and Events. 



natural born citizens, or tliose born within the 
States, and aliens or such as were born out of it ; 
the first by their birth-right became entitled to 
all the privileges of citizens, the second were 
entitled to none, but such as were held out and 
given by the laws of the respective States prior 
to their emigrating to them, I say, by the laws 
that were in force prior to their emigrating 
to the State, because, although each State as a 
sovereign and independent State, had an unques- 
tionable right to declare on what terms strangers 
should be permitted to come into the State, and 
what privileges they should be entitled to, after 
they had emigrated to the State ; these terms 
after a stranger had in consequence of their being 
offered to him actually removed to the State, 
constituted a compact between him and the State, 
which could no more be changed by one party 
to it without the consent of the other, than 
any other compact can be altered. But still the 
State had a right to change those terms whenever 
it adjudged it proper to do so, as to all future 
emigrants. The laws then of each State must be 
resorted to, to ascertain what were the privileges 
granted to emigrants, and upon what- terms, and 
at what times they were entitled -to those privi- 
leges. In this State and in Virginia the privileges 
of alien friends depended on the Constitution of 
each State, the acts of its legislature and the 
common law ; by these they were considered, 
according to the time of their residence and their 



Life and Events. 71 



having -complied with certain requisites pointed 
out by .these laws, either as denizens or natural- 
ized citizens. As denizens, "they were placed 
in a kind ,of middle, state between aliens and 
natural born citizens ;" by naturalization, they 
were exactly in the same condition that they 
would have beer, if they had been born within 
the State, except as far as was especially excepted 
by the laws of each State. The degree of privi- 
leges to which each class of aliens v was entitled 
was different, but the claims of each to the 
privileges annexed by the law to this class, was 
equally well established, and the one could no 
more, with justice or by law, be deprived of his 
inferior privileges than the other could of his 
extensive one. And as far as these privileges did 
extend, they both had the same legal claim to 
them, that the natural born citizen had to his 
privilege. Like the natural born citizen, they 
both owed allegiance to the State, were equally 
liable to be punished for offences against it, and 
were equally entitled to the protection of the laws 
to security against oppression, and to every legal 
means of self-justification, when attacked by the 
process of law. The distinction between these 
two classes of aliens was not only known to, and 
established by law, but each class had a particular 
name affixed to it by law, the law denominating 
one of them denizens, the others naturalized 
citizens, and the common law had affixed such 
distinct and appropriate ideas to the terms deniza- 



72 Life and Events. 



tion and naturalization, that tliej can not be 
confounded together, or mistaken for each other, 
in any legal transaction •whatever. 

They were so absolutely distinct in their natures, 
that in England the rights they convey, can not 
both be given by the same power ; the King 
can make denizens, but nothing but an act of 
parliament can make a naturalized subject, and 
although the powers which belong to both King 
and parliarafnt, under the English Government 
were vested in the State government at the time 
of the revolution, still they have always been 
considered as distinct powers, and as such exer- 
cised by granting the different degrees of privileges 
upon the different terms specified by law, as quali- 
fications necessary to entitle each class of alien 
friends to the privileges annexed to that class ; 
and the legal distinction between them and the 
appropriate meaning given to the name by which 
each class was distinguished, continued to be re- 
cognized by the laws of the States in the same 
manner that it was in England, as may be fully 
proved by the act of the Virginia legislature, 
" to naturalize the Marquis LaFayette." This was 
the legal state of this subject in Virginia, when 
the Federal Constitution was adopted ; it declares 
that " Congress should have power to establish 
an uniform rule of naturalization throughout the 
United States," but it also declares that " the 
powers not delegated by the Constitution to 
the United States, nor prohibited by it to the 



Life and Events. 



States, are reserved to the States respectively, 
or to the people." The power of naturalization, 
and not that of denization, not heing prohibited 
to the States by the Constitution, that power 
ought not to be considered as being given to 
Congress by the Constitution ; but, on the con- 
trary as being reserved to the States. As the 
"words do not give this power, neither does it 
come within the reason on which the other 
power was given. The Constitution declares that 
" the citizens of each State shall be entitled to 
all the privileges and immunities of citizens in 
the several States ; " if, therefore, the power of 
naturalization had been left in the respective 
States, this consequence would have followed ; 
they might have established diiferent rules, and 
a man who could not have been naturalized 
by the law of Virginia, he might have been 
naturalized by the law of Maryland, and then 
as a citizen of Maryland, he would have been 
entitled to all the privileges and immunities of 
a citizen of Virginia. It was, therefore, abso- 
lutely necessary to prevent this inconvenience, 
and the evils which would necessarily grow out 
of it, to vest Congress with the exclusive power 
of naturalization ; as by this means no man 
coukl be admitted as a naturalized citizen of 
one State, by any qualification different from 
that which would be required in any other 
State. But tliis reason did not apply to the 
riffht of denization because this did not make 



74 Life and Events. 



a citizen of an alien, but only placed liim in 
a middle State between tlie two ; and because 
it only gave him local privileges, which he 
w^as so far from being entitled to carry witli 
him into another State, that he actually lost 
them by his removal from the State giving 
them. And, although the individual State might 
for the reasons assigned, have been willing to 
give up to Congress the power of naturaliza- 
tion, it would have been very dangerous and 
impolitic to put it in the power of a majority 
of the States in the Union, to prohibit emi- 
ffration to the other States. The ninth section 
of the first article, and the fifth article of the 
Constitution, prove beyond contradiction that the 
Constitution so far from intending to give 
Congress any other powers on this subject but 
that which it does expressly give to the body, 
" to establish an uniform rule of naturali- 
zation, " has expressly forbid such a power 
being given them, even by an amendment to 
the Constitution, prior to the year 1800 ; and, 
therefore, must prove also that this act is un- 
constitutional. But admitting for argument sake 
that Congress had a right to legislate on this 
subject, I conceive that the act which they have 
passed respecting it, is unconstitutional, from' the 
nature of the provision contained in the act. 

' If they had a right given them by the Consti- 
tution to legislate on this subject, it could be 
no greater rig-ht than Avas before vested in the 



Life and Events. - 75 



State governments ; and the State laws -which 
have been passed respecting it prior to the 
adoption of that Constitution, were unquestionably 
in force until Congress did le^'islate concerning 
it, and all the terms held out by those laws 
were binding on the United States, as to all 
who had emigrated here prior to the first act 
of legislation by Congress respecting it. If 
those State laws are examined, it will be found 
that every security which is given to a natural 
born citizen, for the enjoyment of his privileges. 
is also given to all alien friends for the enjoy- 
ment of theirs ; and that those laws were so 
far from intending to deprive persons in their 
situation, of any privilege which would prevent 
them from having as full and as fair trials as 
natural born citizens were entitled to, that they 
have in certain cases allowed them to claim 
privileges in our Courts, (such as that their jury 
should consist of half foreigners,) which were 
allowed to no other persons ; and the federal 
Constitution also declares thnt in all criminal 
prosecutions, the accused shall enjoy the right 
to a speedy and public trial by jury, and the 
trial of all crimes shall be by jury. We find 
in these clauses no terms of restriction, which 
can confine their operation, or the privileges 
which they are intended to grant to any par- 
• ticular persons; on the contrary the expressions 
used in the Constitution are general. 

Suppose an alien who had resided here many 



76 Life and Events. 



years under the protection of tlie State, the 
laws and in the enjoyment of the privileges 
given him by those laws, without being natu- 
ralized under the laws of the United States, 
was to be prosecuted for treason, would he be 
tried by a jury ? Certainly he would. If so, 
it would be because the law directs that this 
shall be the case; for there can be but one 
legal mode of trial, no discretionary power having 
been vested in any court to prescribe or alter 
the mode which shall be pursued. If this is 
the legal mode of trial, it is the privilege of 
the alien to have it followed, and in a prose- 
cution for treason he could not be legally deprived 
of it. And if this would be his privilege in a 
prosecution for treason, although he had never 
been naturalized, the Constitution secures it to 
him equally in all other cases, where accusa- 
tions are brou2;ht against him, because it declares. 
" that in all criminal prosecutions, the accused 
shall enjoy the right to a speedy and public 
trial by an impartial jury of the State and 
district wherein the crime shall have been com- 
mitted ; which district shall have been previously 
ascertained by law ; and to be informed of the 
nature and cause of the accusation, to be con- 
fronted with the witnesses against him ; to have 
compulsory process for obtaining witnesses in his 
favor ; and to have the assistance of the counsel 
for his defence." 

Considering this punishment of banishment as 



Life and Events. 77 



a novelty in our law, it is for tliat reason 
also unconstitutional, because the Constitution 
declares that, " cruel and unusual punishment 
shall not be inflicted." 

And, although this law directs this punish- 
ment to be inflicted on alien friends only, if the 
principle is once admitted to be a Constitutional 
one, it will soon be extended to natives also ; 
and then the best of our patriots, would under 
new fangled charges of sedition, be sent to Botany 
Bay, to lament the general downfall of liberty, 
with the British patriots who have been already 
exiled there, under sentences given on similar 
charges. 

This act is also unconstitutional, because the 
Constitution declares, " that the judicial power 
of the United States, shall be vested in courts, 
to be established by Congress, the judges of 
which shall hold their offices during good beha- 
vior," whereas this act gives the President power 
to judge and determine in this case ; if that 
deserves to be called a judgment, Avhich is given 
without a trial of any kind, and on a suspicion 
only. 

If, then, the aliens* who came to this country 
in consequence of the legal assurances they had 
received, that they should enjoy certain privileges; 
that they, in common with all others residing here, 
should be protected in the enjoyment of all their 
just privileges ; that they should never forfeit 
them but in consequence of their own improper 



78 Life and Events. 



conduct, and not then, until tlie charge against 
them had been established before a proper tri- 
bunal, after a full, fair, and legal investigation 
of that charge ; I must be warranted in saying, 
that this law is unconstitutional, because it puts 
it in the power of the President to banish them, 
a punishment hitherto unknown to our laws, and 
now confined to them alone, and that upon sus- 
picion only, and, without a previous trial of any 
kind. That this act is imjsolitic, no man can 
doubt, who knows the extent of the present 
uncultivated tracts of country, in the United 
States. 

Until within a very short period, it has been 
universally admitted as a truth, that there was 
no line of policy so important to us, as the 
encouraging of emigration ; as a proof of it, 
the Declaration of Independence states it as one 
of our charges against the tyrant, George III, 
" that lie endeavored to prevent the population 
of these States, for that purpose obstructing the 
laws of naturalization of foreigners, refusing to 
pass others to encourage emigration hither and 
raising the conditions of new appropriations of 
lands." 

The true way to remove all danger from emi- 
grants is to make it general. In religion, a 
general toleration prevents danger from any one 
sect, as all others would unite against one which 
should attempt to act improperly. So it would 
happen if emigrants from every quarter of Europe 



Life and Events. 79 



were admitted to America. The danger appre- 
hended from them is, that. notAvithstanding their 
removal to this country, they would still retain 
a stronger attachment to their native land, than 
to America. Although the truth of this proposi- 
tion might well be doubted from the reason of 
the thing, when applied to those who voluntarily 
left one country from disgust, to remove to the 
other from choice, and whose future prospects, 
both for themselves and their children, would 
depend altogether on the prosperity of that 
country to which they had removed ; and, 
although the general conduct of the natives 
of the British dominions, wlio then resided in 
America, proved the conti'ary in our war with 
that nation, I will for argument sake, admit 
it to be true in its fullest extent, and yet I 
should conclude that no danger could arise 
from it, provided those emigrants from Europe 
prefer America to any other country but their 
own. This would certainly happen as well from 
that predilection to America which brought them 
here, as from the antipathy which generally 
prevails between the citizens of the different 
countries of Europe. Then in case of a rupture 
between America and any one nation of Europe, 
besides her own natural subjects, she Avould be 
aided to the utmost by all the emigrants from 
every other part of the world. This is also 
verified by the conduct of foreigners in general, 
residing in America in our present contest with 



80 Life and Events. 



France ; so that, instead of emigrants weakening 
America in time of war, she would, by their 
means, gain as mucli additional strength, as the 
total number would exceed the whole number 
from that nation with which she was at war ; 
and the emigrants even from that country, would 
be restrained from " adhering to their former 
countrymen, or from giving them aid or com- 
fort," by the penalties annexed to Treason, which 
such conduct would subject them to. Perhaps 
it might have been hoped and expected by the 
friends of this bill, that a law of this kind would 
make all persons coming within its descriptions 
perfectly subservient to the will of the President. 
This idea is confirmed by an address from a 
number of aliens in Albany, in whioii they 
pledge themselves by every consideration bind- 
ing upon persons and property, to support all 
the measures of the governmont. In answer to 
this, they are told by the President, that as 
long as they do act up to their promise, by 
supporting by every means in their power, all 
the acts of the government, that they shall be 
treated with hospitality. Perhaps also a knowl- 
edge of human nature might have convinced the 
framers of this bill, that the absolute power 
Avhich i^ gives to the President over those coming 
within its provisions, would enable him to dictate 
also, to all their connexions, friends and acquain- 
tances, who whould not wish to see them banished 
from the country, and all that they held most 



Life AND Events. 81 



dear. But, if the policy of the party extended its 
views still further, and from a knowledge of the 
existing convulsions in Europe, and the causes 
which have produced them, wished to put it in 
the power of the President to discourage and 
prevent all who are engaged there in fruitless 
struggles for liberty, from emigrating to Amer- 
ica, if tliey are unsuccessful at home, at the 
same time the door was left open to receive all 
abettors of tyranny if they failed in their present 
contests. This act may go a great ways towards 
contaminating and destroying those republican 
principles, which now exist in America, and 
which are the only real support of our present 
Constitution. Whatever effect these suggestions 
may have on your judgment, I flatter myself that 
I must have proved to your satisfaction that this 
act is unconstitutional, unjust, impolitic and un- 
necessary. 

You say " we think that no words can justify 
sedition under a constitution formed as a basis 
of government amongst a civilized people. We 
submit with cheerfulness to laws regularly en- 
acted by a great majority of our rulers." 

It is not necessary for us to inquire whether 
the authors of false and malicious publications, 
which the law denominates libels, ought to be 
made punishable by law, because they have 
always been liable to such punishment. The 
question is, has Congress a right to pass a law 
on the subject, and under the pretext of pro- 



82 Life and Events. 



viding a punishment for that offence, which the 
laws of the different States had before sufficiently 
provided, to destroy the liberty of the press, 
contrary to an express prohibition contained in 
the federal Constitution. Seditious writings do 
not constitute the only, or the greatest offence 
which can be committed against the community, 
why then has not Congress provided punishment 
for the others ? Certainly for this reason, be- 
cause they had no constitutional power given 
them to pass such laws. There is the same 
reason against their passing laws on this subject, 
with this additional one, that the Constitution 
expressly declares, that they "shall pass no law 
abridging the freedom of the press." If it is 
asked where is the injury arising from this law, 
if there were other laws on the same subject, 
existing in the different States, prior to the 
passage of this law ? I answer that the wrong 
consists in their assuming to themselves a power 
to legislate on a subject, not only not entrusted 
to them, but absolutely forbid them by the Con- 
stitution, that if this is once allowed, the only 
barriers contained in the Constitution for the 
security of liberty will be destroyed, and that 
this law ought to be considered, not as the final 
regulation which is intended to be made on this 
subject, but as an experiment, only to try the 
temper of the people, and as the forerunner of 
other acts, that would soon be passed respecting 
it, upon a much more extensive scale, if this 



Life and Events. 83 



is submitted to. If any man doubts that this 
would be the case, let him examine the sedition 
bill passed by the Senate, which destroyed the 
liberty of speech, as well as the freedom of the 
press — a bill which was altered in the House 
of Representatives, so as to bring it into its 
present shape only by a very small majority. 
But even that bill was not more unconstitutional 
than the one which has actually passed, because 
the Constitution gives no other security for the 
enjoyment of one of these privileges, than it 
does for the other, and they might also, at 
the same time as constitutionally, have attacked 
religious liberty, because that also depends on 
the same clause in the Constitution, which is 
in these words : " Congress shall make no law 
respecting an establishment of religion, or pro- 
hibiting the free exercise thereof, or abridging 
the freedom of speech, or of the press, or the 
right of the people peaceably to assemble, and 
to petition the government for a redress of 
grievances." But it is argued by the friends 
of the law, that if similar laws do now exist 
in the different States, that this law does not 
abridge the freedom of the press, and, therefore, 
is no violation of the Constitution. This by 
no means follows as a consequence, for although 
the State legislatures may have constitutionally 
passed laws on this subject, under the powers 
given to them by the State constitutions, yet 
Congress could have no right to pass such laws. 



84 Life and Events. 



when the Federal Constitution declares that they 
shall pass no laws respecting it. The prohibi- 
tion contained in the Federal Constitution is, 
that Congress shall not exercise this power at 
all, but leaves the power as it stood before, in 
the State governments, and the laws existing in 
the State governments render the passing of 
such a law by Congress, altogether unnecessary. 
Because as seditious writings were forbid and 
punishable by the laws of every State, and no 
officer of the general government lost the pro- 
tection of the State laws by going into office, he 
would have the same right to apply to a court 
under the State laws, for redress of any injury 
of this kind that any other citizen would have. 
Besides the remedies given by this act, are 
public prosecutions, and it has been formerly 
determined in common law courts, that a libel 
against an official character, belonging even to a 
foreign country, is cognizable and punishable in 
those Courts : there can be no doubt, therefore, 
but that a libel against an officer of the general 
government, which is so immediately connected 
with the State governments, as to be in some 
respects the government of each State also, and 
whose constitutional acts are the supreme law 
in each State, would also be cognizable in the 
State courts. This argument may also be 
strongly illustrated another way : " the United 
States, in their united or collective capacity, are 
the objects to which all general provisions in 



Life and Events. 85 



the Constitution must refer." Now it is evident, 
that though restrictions on the freedom of the 
press, with various limitations, are known In each 
State individually, vet in the United States, as 
such, no such restriction was known, prior to 
the adoption of that Constitution ; when, there- 
fore, the Constitution declares that Congress 
shall pass no law abridging the freedom of the 
press, it must mean, that they should establish 
no legal restrictions whatever on it, because any 
restriction, however small, when imposed by them, 
would be abridging the freedom of the press In 
the United States, as such, as no restriction by 
them had ever existed prior to that .time. If 
this clause receives the construction that I con- 
tend for, it has an important and forcible meaning, 
that Congress shall not legislate at all upon this 
subject, and leaves It with the mass of powers 
which w^ere reserved to the State governments. 
But if it is construed to have reference to the 
restrictions imposed by the State governments, 
on the freedom of the press, by authorizing 
Congress to impose similar ones, it is nugatory ; 
because it would make the extent of their power 
depend on the State regulations, on this subject, 
and would make their laws change and fluctuate, 
with all the alterations that would be made by 
the States respecting it, and it would be void 
also, for Its uncertainty, because as the restric- 
tions are diff'erent In the several States, and as 
the laws of no particular States are declared 



86 Life and Events. 



to be the criterion which should regulate the 
conduct of Congress on this subject, any law 
they could pass respecting it, would " abridge 
the freedom of the press," in some of the States, 
although it might not do it in others. Unfor- 
tunately for the favorers of this doctrine, their 
oracle, Hamilton, has reasoned against it in the. 
most conclusive manner, when proving that a 
bill of rights, was not only unnecessary in the 
proposed Constitution, but would have been even 
dangerous. 

He says : " I go further, that bills of rights in 
the sense and in the extent in which they are con- 
tended for, are not only unnecessary in the pro- 
posed Constitution, but would even be dangerous. 
They would contain various exceptions to powers 
which are not granted, and on this very account 
would afford a colorable pretext, to claim more 
than were granted. For why declare that things 
shall not be done which there is no power to do ? 
Why, for instance, should it be said that the 
liberty of the press shall not be restrained, when 
no power is given, by which the restriction may 
be imposed ? I will not contend that such a pro- 
vision would confer a regulating power, but it is 
evident that it would furnish, to men disposed to 
usurp, a plausible pretence for claiming that power. 
They might urge with semblance of reason, that 
the Constitution ought not to be charged with the 
absurdity of providing against the abuse of an 
authority which was not given, and that the pro- 



Life AND Events. 87 



vision against restraining the liberty of the press, 
aiForded a clear implication, that a power to pre- 
scribe proper regulations concerning it was intend- 
ed to be vested in the national government. This 
may serve as a specimen of the numerous handles 
which Avould be given to the doctrine of the 
constructive powers, by the indulgence of an in- 
judicious zeal for bills of rights." This reasoning 
of his is also a sufficient answer to the argument 
which they draw, from this prohibition on the 
power of Congress being contained in an amend- 
ment to the Constitution, which, as they suppose, 
.is an admission by implication, that the Constitu- 
tion itself did give a power to abridge the liberty 
of the press. This argument may also receive 
several other satisfactory answers. Suppose this 
reasoning was just, would it not follow that after 
the amendment had taken place, by which a 
change had been made in the power given to 
Congress in this respect by the Constitution, that 
that power, as far j^s was consistent with the 
amendment, would be as effectually done away, 
as if it had never been given by the Constitution ; 
and as the amendment says they shall pass no law 
abridging the freedom of the press, it certainly 
does it away entirely. Besides the preamble to 
amendments, states that "the conventions of a 
number of the States, having at the time of their 
adopting the Constitution, expressed a desire, in 
order to prevent a misconstruction or abuse of 
its powers, that further declaratory and restrictive 



88 Life and Events. 



clauses should be added and as extending tlia 
ground of public confidence in the government, 
will best ensure the beneficient ends of its insti- 
tution." Considering then this particular clause 
in the amendment, as being either declaratory 
or restrictive, it would be contrary to common 
sense, as well as every rule of legal construction, 
to make this clause, which also in itself contains 
the strongest prohibition against the exercise of 
such power, amount to an authority to exercise it. 
Further, admit that this amendment does prove 
in the fullest manner, that the Constitution did 
give Congress such power, yet as they had never, 
prior to the adoption of that amendment, really 
exercised that power, the amendment does away 
that power as effectually as if it had never 
existed at all. For, as the liberty of the press 
was not actually abridged, although Congress had 
a power under the Constitution to abridge it, 
until they had actually exercised that power, 
Congress could not after the adoption of the 
amendment pass any on that subject, because that 
law would then, as the United States for the first 
time, " have abridged the freedom of the press," 
which the amendment declares, that no law of 
their shall do. Another strong argument that the 
Constitution did not intend to give, and that the 
amendment did not intend to prohibit altogether ; 
the poAver of making laws on this subject, is that 
no checks are to be found in either, similar to 
those in the bill of ricrhts in the several State 



Life and Events. 89 



Constitutions, guarding this power against abuse. 
But because this bill admits that every such law 
ought to be guarded against an abuse of the 
power which it gives; did the framers of this 
Constitution then intend to leave it to the pleas- 
ure and patriotism of the friends to arbitrary 
power, either to guard their bills of this kind 
properly, or to send them out unshackled, that 
they might the better effect their purpose of 
inspiring terror. 

The advocates of this bill give it great merit, be- 
cause it declares that in every prosecution founded 
on it, the defendant shall be at liberty, " to give 
in evidence in his defence, the truth of the mat- 
ter contained in the publication charged as a libel." 
But in the prosecutions contemplated and au- 
thorized by this act, this would, in ninety-nine 
cases out of a hundred, be no privilege at all . This 
act declares that, "if any person shall publish 
any false scandalous, or malicious writings against 
either house of Congress of the United States, 
or the President of the United States, with intent 
to defame or bring them or either of them into 
contempt or disrepute, or to excite against them 
or either of them, the hatred of the good people 
of the United States, that he shall be punished 
by fine and imprisonment." Now it must be 
obvious that very few charges that will be brought 
against either house of Congress, or the President, 
wtll be founded on a single or a simple fact, which 
will be capable of being proved. 



90 Life a^d Events. 



All political writings contain not only facts, 
but also reasoning and deductions drawn from 
those facts, and the object of the writer must 
generally be illustrated by the reasoning and 
deductions drawn from the facts and not from 
the facts themselves; and the libel, if it is one, 
will consist generally in what is contained in 
that reasoning, and those deductions, and not in 
the facts. But evidence can be given only of 
tlie truth of facts, and no testimony can be 
brought to prove the truth of the opinions 
stated, as arising out of those facts. The con- 
sequence, therefore, must be either that A. will 
be found guilty of the charge brought against 
him, because he does not prove the truth of 
that which is incapable of being proved, that he 
will be found guilty or acquitted, according to 
the political sentiments of his jury ; upon the 
same charge, a jury of republicans would acquit 
him, a jury of aristocrats would condemn him. 
A. Avould be acquitted to-day, and B. condemned 
to-morrow, for the same publication. Can this 
be right? If it is not, does it not prove un- 
questionably, that this pretended privilege is a 
delusion only. I will illustrate this by two 
examples — suppose A. was to publish, in writing, 
that the President had by his writings declared 
his approbation and esteem of monarchial gov- 
ernments, and disapprobation of, and dislike to 
republican principles, and was to argue from 
thence, that he was unworthy of the confidence 



Life and Events. 91 



of a people, living under and attached to re- 
publican government; and was also to assert, 
that the sedition bill was a violation in a very 
plain instance, and was then to argue that all 
who had been concerned in the passing of it 
had violated that Constitution, and by doing so, 
had also violated their oaths, by which they 
were bound to support that Constitution. If A. 
was tried for this publication, he might prove by 
the President's writings, and the sedition bill, that 
what he said, as to them, was true ; but how could 
he prove by the inferences that he drew from 
them— that the President was unworthy of pub- 
lic confidence, and that all concerned in passing 
the sedition bill had wilfully violated the 
Constitution and their oaths, were true also? 
Neither could it be proved by testimony, and 
yet as a freeman, A. had a right to form this 
opinion, and the opinion itself being founded 
on facts, he had a right to communicate it 
to his fellow citizens, to prevent them from 
placing an improper confidence a second time 
in these men. But for this opinion A. would 
be either applauded or condemned by a jury, 
according to their private political sentiments. 
This law then, in the first place, declares it 
to be an offence to publish a writing, the truth 
of which is from its nature incapable of being 
proved, and then graciously adds, that before 
you are convicted of this offence you may, if 
you please, make an attempt to prove the truth 



92 Life AND Events. 



of the charge, although that attempt when made, 
must be ineffectual, because it is to do a thing 
which is impossible to be done. If the writer's 
condemnation or acquittal is to depend on the 
political opinion of a jury, collected in a coun- 
try rent into political factions, and selected 
by an oiBcer under the absolute influence and 
control of his prosecutors and enemies ; will it 
not put a total stop to all political writings? 
but those in favor of government, and how 
long even will the shadow of liberty remain, 
after the door of information is, by that means, 
effectually barred against the body of the peo- 
ple. So far from its being right to abridge 
the freedom of speech or of the press, 
when it is exercised to censure the measures 
of government, it is the only time when it is 
necessary to protect either of them. As long 
as the speaker or writer approves of their 
measures, he may not only proceed with safety, 
but he will be thanked and paid for it. If 
he praises handsomely he will be taken into 
favor, if he deifies the object of his flattery, 
he will confess that he has " melted his heart." 
It is said that a pleasing song has been paid 
for with an office ; that many have been given 
as rewards for addresses, and that more than 
one have been taken from those who refused to 
become addressers. 

What has been said must prove that the 
liberty of the press, ought to be left where the 



Life and Events. 93 



Constitution has placed it without any power 
in Congress to abridge it, that if they can 
abridge it, they will destroy it, and that 
whenever that falls, all our liberties must fall 
with it. I can not close this part of the sub- 
ject better than by copying what was said 
respecting it, by our late envoys, their expres- 
sions on this occasion, are so just and forcible, 
as to give real excuse to lament that their 
abilities are not oftener exerted in illustrating 
and enforcing republican principles. They say 
" the genius of the Constitution, and the opinions 
of the people of the United States, can not be 
Overruled by those who administer the govern- 
ment. Among those principles deemed sacred to 
America, among those sacred rights considered as 
forming the bulwark of their liberty, which the 
government contemplates with awful reverence, 
and would approach only with the most cautious 
circumspection, there is none, of which the im- 
portance is more deeply impressed on the public 
mind, than the liberty of the press. That this 
liberty is often carried to excess, that it has 
scip-ietimes degenerated into licentiousness, is seen 
and lamented, but the remedy has not yet been 
discovered. Perhaps it is an evil inseparable from 
the good with which it is allied, perhaps it is 
a shoot which can not be stripped from the stalk 
without wounding vitally, the plant from which it 
is torn." Do you not discover how materially the 
language of many of the warmest advocates of the 



/ 



94 Life and Events. 



measures of government has been changed respect- 
ing these bills. When they were first enacted, 
they were the cause of great joy and triumph, 
to the whole party, and the most zealous 
amongst them, insulted, bullied, and threatened 
all who would not admit that they were both 
constitutional and necessary, and every art and 
argument was used, to bring the people into 
this way of thinking, and notwithstanding they 
had been opposed by nearly one-half of the 
House of Representatives, were disliked by a 
great majority of the people of America, and 
were considered as unconstitutional, by great 
numbers Avho had always been among the warm- 
est supporters of the government, many of the 
most influential characters in the government 
party took every opportunity to express their 
contempt, for all who disapproved of them ; and 
the officers of government, to imitate them as 
much as possible, gave the title of these bills 
as names, to two of the public armed vessels, 
calling one " The Sedition Act Cutter," and the 
other " The Alien Law Smack." 

But these men do not acknowledge, that they 
are unconstitutional; there. ore, if they have it 
in their power so to do, they must, to be consist- 
ent with themselves, vote for similar bills, when- 
ever they suppose they will be expedient. 

The people who oppose these bills on the ground 
of their being unconstitutional, ought never to 
vote for men, who are opposed to them, only 



Life and Events. 



95 



because they, consider them inexpedient at this 
time. It is also extraordinary that these 
men who declare that they consider these bills 
as useless and impolitic, are against the repeal 
of them, upon a supposition that an effort to 
repeal them would irritate men's minds to such a 
degree, as to baffle the opposition to the attempt 
that they suppose will be made by the govern- 
ment party, for their revival, after the term for 
which they are now in force shall expire. The 
policy of these gentlemen amounts to this, it will 
be expedient to let these bills, which they ac- 
knowledge to be useless and impolitic, and which 
nine-tenths of the people believe to be dangerous 
and unconstitutional, continue in force two years 
lono-er, for fear of irritating and offending those, 
who by their votings for, and patronizing these 
bills, have already proved themselves to be 
enemies to our Constitution and our liberties. 
Away with reasoning of this kind ! Intelligent 
freemen can not be deceived by it ; they will 
discover that it is an electioneering trick in- 
tended to put them off their guard, and to induce 
them to trust their liberties in the hands of men, 
who, even if they are honest in their declara- 
tions, differ with them in opinion, as to the true 
meaning of some of the most important parts 
of our Constitution, and who from their own 
acknowledgments, must be bound in conscience 
to vote for similar bills, Avhenever they shall 
judge it expedient to do so. 



96 Life and Events. 



The private viftues of sucli men ought to be 
no inducement with the people to elect them, as 
they will cause them to persevere in opinions 
which the people consider as dangerous and 
destructive, and in those cases their superior 
talents, instead of being a public benefit, will 
only enable them to spread the poison contained 
in their opinions the more diffusively. A promise 
on the part of a representative to obey the 
instructions of "his constituents, is no security 
to them, when they differ from him as to im- 
portant political principles. Instructions must go 
to specified objects, but after they are obeyed, 
as to those objects, the obnoxious principle which 
was contained in them, may be thrown into 
another shape, and then the representative may 
consider himself as being at liberty to follow his 
own inclinations. If, therefore, the alien and 
sedition bills were repealed in consequence of 
instructions, and not because those who voted for 
their repeal thought them unconstitutional, the 
same principles might afterwards be approved o f 
by the representatives in other bills, before their 
constituents would have an opportunity of instruct- 
ing them, as to them also, and thus there would 
be an eternal war between the principles and acts 
of the representative, and the wishes and inter- 
ests of his constituents. The only real security 
that can be given to the people, that their interest 
and principles will always be duly attende d to by 
their representatives, must arise from their placing 



Life and Events. 97 



that truth in no rain who does not profess both 
an interest and principles similar to their own. 
All true patriots should unite in declaring these 
bills to be political monsters, and in demanding 
that they shall be put out of existence, as soon 
as it can be done constitutionally, and to prevent 
other bills of a similar nature from rising out of 
their ashes, they would vote for no man who will 
not, unequivocally declare, that Congress have no 
constitutional power to pass such bills, under any 
possible state of things. 

But you declare that "you are satisfied with 
these laws, because they have been regularly 
enacted by a great majority of our rulers." You 
are certainljr mistaken as to the fact of their 
having been passed by a great majority. These 
bills, as well as several other very important 
measures, were adopted by very small majorities, 
which circumstance alone, ought to have been 
sufficient, with moderate men, to have prevented 
their voting for them, because in a free country, 
radical changes, even if constitutional, ought not 
to be made but by general consent. As to the 
regularity of their passage, I have not inquired 
into it, but if they had no right to pass such acts, 
the observance of no forms in the passing of them, 
could make them constitutional when passed, the 
most wretched of all governments, is that, where 
the form of it is restrained, after the substance 
is lost. 

You say "we hope to see a force raised sufficient 



98 Life and Events. 



to keep peace at home, and awe all foreign pow- 
ers." If I understand this properly, it amounts 
only to a wish to see a standing army, but also 
to have one of the largest size, because no other 
kind could possibly " awe all foreign powers." 
This then, is another improvement, which has 
lately been introduced into our political system. 
Our old patriots considered standing armies as 
the most powerful engines of arbitrary power, 
and the most dangerous enemies to republican 
governments; but our modern patriots have dis- 
covered that this was an error, and that a large 
standing army is a necessary ingredient in a good 
republican government although the^ sometimes 
inform us, also, that France has, within five years, 
lost her liberty by the means of one, and that 
she is now governed by a military despotism. 
I have read with emotion, the arguments which 
have been used in a hireling paper and by the 
tools of party in Congress, to prove the necessity 
of having a large standing army, to keep in awe 
free citizens of our repulican government ; because 
I despised them, as well as their arguments, but 
to see those arguments now repeated by the pen 
of a well informed patriot, makes me shudder. 
Look at the public declarations of '76, in which 
you concurred — see how different the sentiments 
they contain, are from what you now avow and 
then inform me of the cause of the change. It 
can not proceed from any apprehensions enter- 
tained of internal commotions upon the present 



Life and Events. 99 



occasion, because you declare that, "tlie unan- 
imity of the people of America is astonishing, 
and that Kentucky is the only discontented State 
in the Union." I beseech you, my friend, recon- 
sider this subject, and do not put in the power of 
the friends of arbitrary power, to quote your 
opinion as an authority in favor of one of their 
most damnable doctrines. 

" We have been repeatedly informed that it has 
been reported in the other States as well as here, 

that it is our wish to separate from the Union." 

* * * * * * 

- It has been currently reported and vehemently 
asserted, that those persons who in this State, 
declared their disapprobation of some of the 
measures of the general government, are actuated 
by a design to destroy the Constitution and the 
Union of the States. * * * 

If I understand the nature of the charge, it 
is not founded on the supposition that " we have 
not understanding enough to enable us to com- 
prehend Avhat the real interests of our county is, 
but that we are wicked enough to wish to sacrifice 
that interest. What are the advantages which to 
national men, situated as we are, could be sufii- 
cient to compensate us for the Union, and the 
destruction which would certainly be brought 
upon ourselves, our country and posterity by the 
adoption of such a course?" 

^ I?! -t* 't* H* 

I have stated my opinion that it was false as 



100 Life and Events. 



to others ; so far as it concerns my myself, I 
know and declare it to be false. * * * 

We are Americans, having no political objects 
in view but the welfare, liberty and independence 
of our country. 

GEORas Nicholas". 



CHAPTER IV. 

The foregoing letter, taken from a late paper, 
and the speeches of Col. Nichols quoted from 
the Virginia debates, were published and reported 
after his death, and were never revised by him. 
They, no doubt, contain errors of language, 
phraseology, etc., but they contain enough to 
show the character of the mind and heart that 
• dictated them. Col. Nicholas died in the midst 
of the great contest indicated by this faint sketch 
of his efforts ; but the triumph of his cause in 
the election of Mr. Jefferson, secured the fruits 
of his efforts to his country. The immediate 
effect of this triumph was the repeal of the 
alien and sedition laws, and the success of that 
great measure which will ever distinguish the 
administration of Jefferson ; the acquisition of 
Louisiana. 

The following extracts from the Statesman's 
Manual, convey a brief sketch of the early diffi- 
culties concerning, and the final acquisition of, 
that vast territory. 

" The disputes with the Spanish, respecting 
the South- Western boundary line of the United 
States, and the right of navigating the Missis- 
sippi River, had often caused difficulties, between 
the people of the West and South-West, and 
the Spanish authorities and inhabitants of the 



102 Life and Events. 



Spanish territories. These affiiirs assumed a new 
aspect, by the intelligence received in the United 
States, in the Spring of 1802, that Spain, hj 
secret treaty, in October, 1800, had ceded Louis- 
iana to France." 

It thus appears that when Spain saw the certain 
success of the Republican party, she ceded the 
territory to France. Spain knew she could not 
hold it from the grasp of the Republican party, 
and availed herself of the first opportunity to 
cede it to a country that she supposed could 
and would hold it beyond the reach of the 
States. 

" Mr. Jefferson had information of the cession 
of Louisiana to France in 1802, and wrote to 
Mr. Livingston, United States Minister to France, 
in April, 1802, giving his views on the subject. 
It was understood that the Floridas, either were 
included in the cession, or would be added to 
it, a supposition which proved to be incorrect. 
The views of the President as stated to Mr. 
Livingston, were, that if France took possession 
of New Orleans, the United States must become 
allies of Great Britain, and antagonists of France. 
He then suggests, however, that if France con- 
siders Louisiana as indispensible to her interests, 
she may still cede to the United States, the 
Island of New Orleans and the Floridas." * * 
" With a view of carrying his pacific policy into 
effect, he on the 10th of January, 1803, appointed 
James Monroe Minister Plenipotentiary to France, 



Life and Events. 103 



to act with Mr. Livingston in the purchase of New 
Orleans and the Floridas. The nomination of Mr. 
Monroe was confirmed by the Senate, and Congress 
appropriated, at the request of Mr. Jefferson, two 
million dollars for the objects of the mission." 

"Napoleon Bonaparte was then First Consul 
of France. He supposed, when informed of the 
instructions of Mr. Monroe and Livingston, that 
those ministers were authorized, if necessary, to 
enter into more extended stipulations in relation 
to the projected acquisition. Europe was then 
enjoying a momentary respite after the wars 
and revolutions she had undergone. But another 
war was about breaking out between France and 
England." 

" The Marquis de Marbois was directed by 
Napoleon, to negotiate with the American min- 
isters. ' L-resolution and deliberation' said the 
first Consul, ' are no longer in season. I renounce 
Louisiana. It is not only New Orleans that I will 
cede; it is the whole colony, without any reser- 
vation. I know the price /of what I abandon, 
and I have sufficiently proved the importance that 
I attach to this province, since my first diplomatic 
act with Spain had for its object the recovery of 
it. I renounce it with the greatest regret. To 
attempt to retain it would be folly.' " 

" Mr. Monroe arrived at Paris on the 12th of 
April, 1803, and did not hear without surprise, 
the first overtures that were frankly made by M. 
de Marbois. Instead of the cession of a town 



104 Life and Events. 



and its inconsiderable territory, a vast portion of 
America was offered to the United States." 

" Deliberation suceeeded to astonishment. The 
two joint plenipotentiaries, without asking an 
opportunity for concerting measures out of the 
presence of the French negotiator, immediately 
entered on explanations, and the conferences 
rapidly succeeded one another." 

" The treaty was concluded on the 30th of 
April, 1803, and the respective instruments which 
were drawn up in French and English, were 
signed by the three ministers, four days after- 
ward. Two months had not then elapsed since 
Mr. Monroe had sailed from New York for France. 
As soon as they had signed the important papers 
the negotiators rose and shook hands, when Mr. 
Livingston, expressing the general satisfaction, 
said : ' We have lived long, but this is the noblest 
work of our whole lives. The treaty which we 
have just signed, has not been obtained by art, 
or dictated by force ; equally advantageous to the 
two contracting parties, it will change vast soli- 
tudes into flourishing districts. From this day, 
the United States take their place among the 
powers of the first rank ; the English lose all 
exclusive influence in the affairs of America.' 
The first Consul observed : ' This accession of 
territory strengthens forever, the power of the 
United States ; and I have just given to Eng- 
land a maratime rival, that will, sooner or later, 
humble her pride.' " 



Life and Events. 105 



" The area of country thus ceded, according to 
the claims of France, and the estimates of Mr. 
Jefferson, exceeded a million of square miles ; 
but all but a small portion of it was occupied by 
savages. Its inhabitants were principally French 
and the descendants of French, with a few Spanish 
Creoles, Americans, English and Germans inclu- 
ding about 40,000 slaves." 

"The American ministers, instead of merely 
purchasing New Orleans and the Floridas, as 
•had been the first and main object of Mr. Jeffer- 
son, were able to effect a purchase of all Louisiana, 
equal in extent to the whole previous territory 
of the United States." 

In order to understand the influence of George 
Nicholas in producing these results, the great 
fact must be remembered that, when he com- 
menced and had greatly advanced in his efforts 
against the principles and measures of the 
federal party, and of the Adams administration, 
there was comparative quiet out of Kentucky, 
throughout the Union, and a general acquiescense 
in regard to those principles and measures. The 
people had not been aroused to a sense of the 
dangers besetting their liberties, nor the loss 
of the great Mississippi Valley. Jefferson and 
Madison were comparatively quiet, and no one 
in the east had aroused the public mind. This 
fact is referred to in a spirit of triumph by 
the Virginia letter, to which the letter of Col. 
Nicholas is a reply, as follows : " The una- 



106 Life and Events. 



nimity of the people of America is astonisliing, 
and Kentucky is the only discontented State 
in the Union," with the Adams administration. 
When it is remembered that this declaration 
came from a patriot of the revolution, who had 
" devoted the prime of his life in the establish- 
ment of the liberty of his country and had 
shed his blood in its defence," it throws a flood 
of light upon this great question. This declara- 
tion and Mr. Jeiferson's letter, corroborated as 
they have always been by faithful tradition, 
show the great truth, that Kentucky was the first 
State, and George Nicholas the great spirit 
that aroused the country, and gave the first 
great movement to the republican party which 
resulted, not only in the election of the im- 
mortal Jefferson and the consumation of his 
measures, but in thus giving that direction to 
American affairs which has been and must ever 
be her greatness, her glory, and her destiny. 

The next great contitutional struggle, grew 
out of the nullifying acts of South Corolina. 

In his reply to Col. Hayne, Mr. Webster 
expressed himself on that great occasion as fol- 
lows : 

" I understand the honorable gentleman from 
South Carolina to maintain that it is a right 
of the State legislatures to interfere, whenever, 
in their judgment, this government transcends its 
constitutional limits and to arrest the operation 
of its laws." 



Life and Events. 107 



" I understand liim to maintain this rio;ht as a 
right existing under the Constitution, not a right 
to overthrow it, on the ground of extreme neces- 
sity, such as would justify violent revolution." 

" I understand him to maintain an authority on 
the part of the States, thus to interfere for the 
purpose of correcting the exercise of power by 
the general government, of checking it and of 
compelling it to conform to their opinion of the 
extent of its power." 

" I understand him to maintain that the ultimate 
power of judging of the constitutional extent of 
its own authority, is not lodged exclusively in 
the Federal Government or any branches of it, 
but that, on the contrary, the State, may lawfully 
decide for themselves, and each State for itself, 
whether in a given case the act of the general 
government transcends its power." 

" I understand him to insist that, if the exigency 
of the case, in the opinion of any State govern- 
ment, require it, such State may, by its own 
sovereign authority annul an act of the general 
government, which it deems plainly and palpably 
unconstitutional." 

Mr. Hayne afterwards rose and said : "lie did 
not contend for the mere right of revolution, but 
for the right of constitutional resistance. What 
he maintained was, that in case of a plain, palpa- 
ble violation of the Constitution by the general 
government, a State may interpose, and that this 
interposition is constitutional." 



108 Life and Events. 



Mr. Webster resumed. 

" So sir, I understand the gentleman, and am 
happy to find that I did not misunderstand him. 
What he contends for is, that it is constitutional 
to interpret the administration of the Constitution 
itself, in the hands of those who are chosen and 
sworn to administer it, by direct interference in 
form of law of the States, in virtue of their 
sovereign capacity. The inherent right in the 
people to reform their government I do not deny ; 
and that they have another right, and that is to 
resist unconstitutional laws without overturning 
the government. It is no doctrine of mine that 
unconstitutional laws bind the people. The great 
question is whose prerogative is it to decide on the 
imoonstitidionaliiy of the latvs. On that the main 
debate hinges. The proposition that in case of a 
supposed violation of the Constitution by Con- 
gress, the States have a constitutional right to 
interfere and annul the law of Congress, is the 
proposition of the gentleman, I do not admit it. 

" This leads us to inquire into the origin of this 
governrnqnt and the source of its power. Whose 
agent is it ? Is it the creature of the State legis- 
latures, or the creature of the people? If the 
government, then they may control it, provided 
they can agree in the manner of controlling it ; 
if it is the agent of the people, then the people 
alone can control it, restrain it, modify and 
reform it. It is observable enough, that the doc- 



Life and Events. 109 



trine for which the honorable gentleman contends 
leads him to the necessity of maintaining not only 
that this general government is the creature of 
the States, but that it is the creature of each 
of the States severally ; so that each may assert 
the power for itself, of determining whether it 
acts within the limits of its authority. It is the 
servant of four and twenty masters of different 
wills and different purposes, and yet bound to 
obey all. This absurdity, (for it seems no less) 
"arises from a misconception as to the origin of 
this government and its true character. It is, 
sir, the people's Constitution, the people's govern- 
ment; made for the people, made by the people, 
answerable to the people. The people of the 
United States have declared that this Constitu- 
tion shall be the supreme law. * * * The 
national government possesses those powers which 
it can be shown the people have conferred on it, 
and no more. All the rest belongs to the State 
governments, or to the people themselves. So far 
as the people have restrained State sovereignty 
by the expression of their will, in the Constitution 
of the United States. So far, it must be admitted 
State sovereignty is effectually controlled. I do 
not contend that it is, or ought to be controlled 
further." 

* * ilc * * 

The people, then, sir, erected this government. 
They gave it a Constitution, and in that Con- 
stitution they have enumerated the powers they 



110 Life and Events. 



bestow on it. Thej have made a limited govern- 
ment. They have defined its authority. They 
have restrained it to the exercise of such powers 
as are granted ; and all others they d'^clare, are 
reserved to the State, or to the people. But, 
sir, they have not stopped here. If they had, 
they would have accomplished but half their 
work. No definition can be so clear as to avoid 
the possibility of a doubt ; no limitation so precise 
as to exclude all uncertainty. Who, then, shall 
construe this grant of the people ? Who shall 
interpret their will, where it may be supposed 
they have left it doubtful ? With whom do 
they leave this ultimate right of deciding on 
the powers of the government ? Sir, they have 
settled all this in the fullest manner. They have 
left it with the government in its appropriate 
branches. * * ^ * * * 

The people have wisely provided, in the Consti- 
tution itself, a proper, suitable mode and tribunal 
for settling questions of constitutional law. * * 
How has it accomplished this great and essential 
end ? By declaring, sir, that the Constitution 
and the laws of the United States, made in pur- 
suance thereof, shall be the supreme law of the 
land, anything in the Constitution or laws of any 
State, to the contrary notwithstanding." 

" This, sir, was the first great step. By this, 
the Supremacy of the Constitution and laws of 
the United States is declared. The people so 
will it. No State law is to be valid which comes 



Life and Events. Ill 



in conflict with the Constitution or any law of 
the United States. But who shall decide this 
question of interference ? To whom lies the 
last appeal ? This, sir, the Constitution itself, 
decides also, by declaring " that the judicial 
power shall extend to all cases arising under 
the Constitution and laws of the United States. 
These two provisions, sir, cover the whole ground. 
They are indeed the keystone of the arch. With 
these it is a government ; without them it is a 
confederacy." 

Notwithstanding this masterly illustration of the 
Constitution and nature of our government, early 
in 1830, to which the eyes and ears of the nation 
were most earnestly attracted, the legislature of 
South Carolina afterwards, in 1832, passed acts 
to nullify and resist certain laws of the United 
States. 

" 1st. An Act to carry into effect, in part, an 
ordinance to nullify certain acts of the Congress 
of the United States, purporting to be laws laying 
duties on the importation of foreign commodities, 
passed in convention of this State, at Columbia, 
on the 24th of November, 1832." 

" The next is called an act to provide for the 
security and , protection of the people of the 
State of South Carolina." 

" This act provided, that if the government 
of the United States or any officer, shall, by the 
employment of naval or military force, attempt 
to coerce the State of South Carolina into 



112 Life and Events. 



submission to the acts of Congress, declared by 
ordinance null and void, or to resist the en- 
forcement of the ordinance, or of the laws in 
persuance thereof, or in case of any armed or 
forcible resistance thereto, the governor is au- 
thorized to resist the same, and to order 
into service whole or so much of the military 
force of the State, as he may deem necessary ; 
and in case of any overt act or coercion or 
intention to committ the same, manifested by 
an unusual assemblage of naval or military 
forces in or near the State, or the occurrence 
of any circumstances indicating that armed force 
is about to be employed against the State, or 
in resistance to its laws, the governor is au- 
thorized to accept the services of such volun- 
teers and call into service such portions of the 
military as may be required to meet the emer- 
gency." " This act also provides for accepting 
the service of volunteers and for the purchase 
of arms, ammunition." 

The AQt also made it the duty of the gov- 
ernor to call forth the militia and volunteers if 
necessary, and cause the laws of the State to be 
executed. 

We here see that Union of States which had 
been united in the common cause of Indepeneence, 
and had run together the most glorious carreer in 
history, carried by excitement and false doctrine 
to the verge of dissolution and war. We here see 
the people of the States, not only turning from the 



Life and Events. 113 



glorious scenes and recollections of the past, 
but almost in tlie act of giving up the great- 
est earthly enjoyment of liberty and prosperity 
in the present, and the brightest prospects for the 
future, and rushing into all the hoirors of civil war. 
But a Providence ever kind to this his favored 
land had given to the country the man for the 
times. Andrew Jackson, himself a Southern man, 
seemed to have been fitted, in every respect by 
nature, for the high purposes and achievements of 
the age and country in which he lived. Although 
accused of being a reckless man of war, deter- 
mined to wield the tyrant's rod, his dauntless 
courage, his sometimes seemingly hasty acts, his 
ardent and impetuous nature, proved in every 
emergency to be guided by wisdom, and fully 
imbued with fraternal and patriotic affection. 

He did not hastily ami rudely attempt to crush 
out this threatened rebellion. Knowing the fear- 
less courage, the high chivalry and the honest 
purpose of that' excited and resisting State, he 
addressed her people as an affectionate father, 
determined to maintain that rightful authority 
indispensible to a proper government of the family 
of States. After setting forth the various, legis- 
lative acts of South Carolina, the President ad- 
dressed Congress and the people of the United 
States in the spirit and manner exhibited by the 
following brief extracts from his message : 

" By these various proceedings, therefore, the 
State of South Carolina, has forced the general 



114 Life and Events. 



government, unavoidedly, to decide the new and 
dangerous alternative of permitting a State to 
obstruct the execution of the law within its limits, 
or seeing it attempt to execute a threat of with- 
drawing from the Union. That portion of the 
people, at the present exercising the authority of 
the State, solemnly, assert their right to do either, 
and as solemnly announced their determination to 
do one or the other. 

In my opinion both purposes are to be regarded 
as revolutionarj^ in their character and tendency, 
and subversive of the supremacy of the laws and 
integrity of the Union. The result of each is 
the same ; since a State in which, by a usurpation 
of power, the constitutional authority of the 
Federal Government is openly defied and set aside, 
wants only the form to be independent of the 
Union. 

The right of the people of a single State to 
absolve themselves at will, and without the consent 
of the other States, from their most solemn obli- 
gations, and hazzard the liberties and happiness 
of the millions composing this Union, can not be 
acknowledged. Such authority is believed to be 
utterly repugnant both to the principles upon 
which the general government is constituted, and 
to the objects which it was expressly formed to 
attain. 

Against all acts which mav be alled;Ted to trans- 
cend the constitutional power of the government, 
or which may be inconvenient or oppressive in 



Life and Events. 115 



tlieir operation, the Constitution itself lias pre- 
scribed the mode of redress. It is the acknowl- 
edged attribute of free institutions, that under 
them the empire of reason and law is substi- 
tuted for the power of the sword. To no other 
source can appeals for supposed wrongs be made, 
consistently with the obligations of South Car- 
olina; to no other can such appeals be made with 
safety at any time, and to their decision, when 
constitutionally pronounced, it becomes the duty, 
•no less of the public authorities than of the 
people, in every case to yield a patriotic submis- 
sion. ***** 

If the Federal Government exercise powers not 
warranted by the Constitution, and immediately 
aifecting individuals, it will scarcely be denied 
that the proper remedy is a recourse to the judi- 
ciary. Such undoubtedly, is the remedy for those 
who deem the acts laying duties on imposts and 
providing for their collection to be constitutional." 

* ^ jK >1; * 

"In closing this communication, I should do 
injustice to my own feelings not to express my 
confident reliance upon the disposition of each 
department of the government to perform its 
duty, and to co-operate in all measures neces- 
sary in the present emergency 

The crisis undoubtedly invokes the fidelity of 
the patriot and the sagncity of the statesmen, 
not more in removing such portion of the public 
burthen as may be necessary, than in prcserv- 



116 Life and Events. 



ing the good order of society and in the main- 
tenance of well regulated liberty. While a for- 
bearing spirit may, and I trust will, be exer- 
cised toward the errors of our brethren in a 
particular quarter, duty to the rest of the Union 
demands that open and organized resistance to 
the laws should not be executed with impunity. 
The rich inheritance bequeathed by our fathers 
has devolved upon us, the sacred obligation of 
preserving it by the same virtues which conduc- 
ted them through the eventful scenes of the 
revolution, and ultimately crowned their strug- 
gles with the noblest model of civil institutions. 
They bequeathed to us a government of laws, 
and a Federal Union founded upon the great 
principle of popular representation. After a 
successful experiment of forty-four years, at a 
moment when the government and the Union 
are objects of the hopes of the friends of civil 
liberty throughout the world, and in the midst 
of public and individual prosperity unexampeled 
in history, we are called upon to decide wliether 
these laws possess any force, and that Union 
the means of self-j^reservation. The decision of 
this question by an enlightened and patriotic 
people, can not be doubtful. For myself, fellow- 
citizens, devoutly relying upon that kind Prov- 
idence who has hitherto watched over our 
destinies, and actuated by a profound reverence 
for those institutions, I have determined to 
spare no effort to discharge the duty ^Yllich in 



^LiFE AND Events. 117 

this conjucture is devolved upon me. That a 
simiLar spirit will actuate the representatives of 
the American people is not to be questioned ; 
and I fervently prny that the great Ruler of 
nations may so guide our deliberations and our 
joint measures as that they may prove salutary 
examples, not only to the present but to future 
times ; and solemnly proclaim that the Constitu- 
tion and laws are supreme and the Union 

indissoluble. 

Andrew Jackson." 

The forbearance recommended by the Presi- 
ident, and his immovable firmness of purpose 
in the last resort, but chiefly the truths pro- 
claimed by him, produced an early and an 
easy solution of the dangerous question. His 
conduct upon this question mast ever be regard- 
ed as araonor the most brilliant of his achiev- 
ments. The masterly speech of Webster, and 
the irresistable messages of Jackson, won for 
each of them the fairest flower in that civic 
wreath with which fame will ever crown them ; 
justice and gratitude unite their tribute to the 
memory of those who first proclaimed those 
truths and principles, which thus saved a coun- 
try so dear to its people and so important to 
mankind. It has already been shown that George 
Nicholas was one of the foremost of those who 
first defined and proclaimed the doctrines and 
principles of the Constitution, thus reproduced 



118 Life and Events. 



and applied by Webster and Jackson in this 
great crisis of their country ; that he proclaimed 
them in the beginning — at the birth and in 
pleading for the adoption of that Constitution, 
they were thus called to defend and preserve. 
He advocated its adoption as necessary to 
preserve America ; he advocated its adoption as 
necessary to secure the Mississippi river ; he 
declared its capacity to govern a vast extent 
of country ; he declared the navigation of the 
Mississippi as one of the inalienable rights of 
the citizens of its valley ; he announced the 
doctrine of a strict construction of the Consti- 
tution, confining the powers of Congress to those 
expressly delegated ; he declared the judiciary 
to be the final peaceful arbiter of all disputes 
under the Constitution, laws or treaties of the 
Union ; he aroused the young giant Kentucky, 
and thus Virginia and the whole Union against 
the alien and sedition laws in order to pre- 
serve the liberties of the people and promote 
emigration to the great Mississippi Valley ; he 
thus announced rights, and commenced measures, 
that have made the Mississippi Valley the 
great heart, not only of the Union, but of the 
Continent herself ; he thus early, before the 
great ninteenth century had dawned, defined and 
advocated those great principles of the Constitu- 
tion, and great objects and measures of the govern- 
ment, with which the people of the Union have 
thus far, secured the great achievements and 



Life and Events. 110 



persued the great mission of their country. 
Destiny seems to have assigned to every great 
man a mission to fulfill, but not to permit him 
to achieve more than one man's share. Jefferson 
won his immortality as the author of the 
declaration of Independence; righteous immor- 
tality to him whose genius conceived and whose 
pen proclaimed the Independence, the Union, 
the liberty and the destiny of his country. 
Madison won his by his conception of and his 
efforts in forming the Constitution of the Union. 
That Constitution will ever stand as the mon- 
ument of his exalted mind, and his ardent 
devotion to his country. Although he did this, 
he was not the ablest exponent or defender 
of that Constitution as a whole after it was 
formed. Like the exausted mother of her 
first born child, he was not so competent to 
understand its system, or to defend it from the 
assaults of enemies, as the learned and faith- 
ful friend in the freshness and vigor of man- 
hood. To Nicholas destiny assigned such a posi- 
tion to the Constitution of his country. Greatness 
of intellect; a profound knowledge of law, of 
history, and of government; devotion to his 
country and fearless courage, united and made 
him a man to perform a great and leading 
part with his illustrious cotemporaries, in the 
the consummation of the American revolution; 
in the adoption of the Constitntion, and in giv- 
ing that life and action to the new government 



120 Life and Events. 



which have since crowned the history of our 
country as the most glorious in the annals of 
time, and secured a happiness to its people un- 
known to any other portion of the world. 



CHAPTER V. 

The second war with England was an impor- 
tant event to the United States. The conduct 
of Great Britain made it a measure of like 
importance to the honor and interest of the 
Union. While the injuries committed by her 
upon American citizens and American commerce, 
.had aroused great indignation in the country, 
yet the declaration of war with England was a 
question of moment; a measure attended with 
o-reat opposition and delay. From the time of 
her admission into the Union, Kentucky had 
filled an important space, and performed an 
important part in the politics of the Union. 
While John Brown, Judge Innis, John Breck- 
enridge, George Nicholas, and other distinguished 
fathers of the State, had passed, not only from 
the political arena, hut from the stage of life, 
their places were occupied by Joseph H. Davis, 
Jesse Bledsoe, Isham Talbott, John Pope, John 
Rowan, Ben Hardin, William T. Barry, Thomas 
Metcalfe, Richard M. Johnson, William 0. Butler, 
Henrjf Clay, and other distinguished patriots. 

A glance at the times and the men of that 
period, is sufficient to recall the high position 
and and great influence of ICentucky, in the 
measures and politics of the Union. Among 
these distinguished citizens, and at this period, 



122 Life and Events. 



appeared Joseph H. Hawkins. Mr. Hawkins was 
a native of Powbattan County, Virginia, but was 
then a citizen and lawyer of Lexington. From his 
profession, he was called into politics by the 
stirring events preceding the war. When barely 
eligible, he was elected in 1810, by the county of 
Fayette, to the legislature of Kentucky. The fol- 
lowing year, (1811) he was again returned a mem- 
ber. This was one of the most important sessions 
of Kentucky legislation. The question of war was 
still pending. In some portions of the Union, 
and in Congress, it was a question of most 
angry discussion. Under these circumstances, the 
action of Kentucky could not fail to exert an impor- 
tant influence over the sentiment of the country, 
and the fate of the measure. After the organization 
of the legislature of 1811, Mr. Hawkins was the 
author of the first resolutions of the session. 
They are here copied, to illustrate the character 
of their author, and the subject to which they 
relate : — 

''Impressed with the belief that national feel- 
ing and gratitude, are the best security to the 
endurance of our republic, give life and energy 
to the body politic, and render us firm in our 
union and formidable to our enemies : that it is 
a country's gratitude that compensates the soldier 
for his scars, perpetuates grateful recollections of 
his services, and induces the living to emulate the 
heroic deeds of the dead : that it is a country's 
gratitude that softens the pangs of those left 



Life and Events. 123 



to mourn husbands, fathers and friends, lost in 
avenging a country's wrongs : with a view to a 
proper expression of this gratitude, 

" Resolved hy the General Assembly of Ken- 
tucky, That the brave deeds of our sohliers in 
the late battle on the Wabash, deserve not enco- 
miums only, but, unfading fame in the hearts of 
their countrymen. 

" Resolved, That the members of this body, and 
their officers, will, for the space of thirty days, 
.wear crape on their left arms, in testimony of 
their deep regret for the loss of the brave and 
meritorious Col. Davis and Owen, and the other 
volunteers from Kentucky, who fell in battle; 

and as a tribute to their memory, that 

dollars be appropriated to the erection (within 
the State House yard) of a plain, substantial 
monument of marble with appropriate inscrip- 
tions, etc." — House Journal, 1811, p. 7. 

With a small amendment, the preamble and 
resolutions passed, and the House appointed Mr. 
Hawkins to carry them to the Senate and request 
their concurrence. 

On the 16th of December of the same session, 
Mr. Hawkins being their author, offered the 
preamble and resolutions on the all-absorbing 
question of war with England. Owing to their 
length, a full insertion of them here would carry 
this beyond the limits assigned to it ; a portion 
only is, therefore, copied as follows : 

" We could willingly have hailed a friend in a 



124 Life and Events. 



former unnatural parent, and from the experi- 
ence of her regard to principles of justice and 
reciprocal good offices, have ceased to recall 
those cruelties that alienated us forever, from 
her family. But when we have discovered a 
systematic course of injury from her towards our 
country, evidencing too clearly to be mistaken, 
an utter disregard of almost every principle of 
acknowledged right between independant nations; 
endeavoring by almost every act of violence on 
the high seas, on the coasts of foreign powers 
with whom we are in amity — and even in sight 
of our own harbors ; by capturing and destroying 
our vessels ; confiscating our property ; forcibly 
imprisoning and torturing our fellow-citizens ; 
condemning some to death; slaughtering others, 
by attacking our ships of war ; impressing all 
she can lay her hands upon to man her vessels; 
incitins; tlie savages to murder the inhabitants 
of our defenceless frontiers ; we can be at no 
loss what course to pursue. Should we tamely 
submit, the world ought to despise us — we should 
despise ourselves — she herself would despise us ! 
Wherefore, 

" Resolved^ That the citizens of Kentucky are 
ready to take the field when called upon : * * 
That Avhile they have undiminished confidence in 
the administration of the General Government of 
the United States, that, in their opinion the crisis 
calls for energetic measures." — House Journal^ 
1811, pages 62-3-4. 



Life and Events. 125 



The preamble and resolutions passed the House 
December 20th; and Mr. Ilawldnks was appointed 
to carry them to the Senate, and request their 
concurrence in the same. 

On the 30th January, he offered the following 
resolution, which passed the next day : 

'• Rcmlvcd, That the Governor be, and is hereby 
requested, to make immediate application to the 
General Government, for the proportion of arms 
to which this'' State, is entitled, by virtue of an 
Act of Congress, passed April 10th, 1808," 
- — House Journal, 1811, p. 198. 

The importance of these steps by the legisla- 
ture of Kentucky, is strikingly apparent, moving, 
as they did, in advance of the declaration of war, 
by Congress in 1812. 

From the spirit and sentiments of these res- 
olutions, the reader can form an opinion of 
the character of their youtlfid author. But the 
efforts of Mr. HaAvkins in this session were no 
limited by these measures ; the journal shows his 
prominence throughout the entire session, and 
his connection with every important act : That, 
in addition to the labors here indicated and 
others of a general nature, he was appointed 
to serve on more than twenty special or select 
committees. While the sentiments of the pre- 
amble and resolutions were being vindicated by 
the nation, the patriotic people of the county of 
Fayette, gave signal expression to their approba- 
tion of the course of Mr. Hawkins, by returning 



126 Life and Events. 



him to the legislature ; and the State did likewise, 
through their representatives, by unanimously 
electing him Speaker of the House, for the ses- 
sion of 1813. For this office he was nominated 
by Thomas Metcalfe, afterward distinguished as a 
member of Congress and Governor of Kentucky. 

About the close of this war — this second 
struggle for American independence — its great 
advocate in the halls of the nation, was appointed 
one of three ministers to repair to Europe, 
for the purpose of treating with the enemy. In 
order to be understood, it were scarcely necessary 
to state that the appointment here referred to, 
was that of Henry Clay ; his countrymen, in 
response to his voice of thrilling eloquence, to 
his burning words of patriotism on the one hand, 
and his withering, blighting denunciation on the 
other, however they may have divided in opinion 
on his subsequent course, then rushed to deeds 
of daring on the battle fiekl, and yet proclaim 
him then the matchless advocate of his country's 
cause. 

Mr. Clay's departure on this mission to Europe, 
made a vacancy in Congress which, it was neces- 
sary for the people of his district to fill. This 
thej? did by electing Joseph H. Hawkins, who 
was nearly ten years the junior of Mr. Clay, 
a member of that body. The journal of that 
Con2;res3 not beinor before the writer, he can not 
state the part he took in its proceedings. The 
fact only of his election is referred to, as show- 



Life and Events. 127 



in"- the approval by his fellow-citizens, of his 
past efforts, and the estimate they placed on 
his talents and patriotism. Before the expiration 
of his term in Congress, peace was restored 
to the country. Retiring at the close of the 
term from political life, he engaged in profes- 
sional and business pursuits. But justice to his 
memory, as well as to history, requires a state- 
ment of his subsequent efforts for his country. 

The colonization of Texas must ever be re- 
o-arded as one of the most important events in 
American history. Considering the time, the 
circustances attending it, and the consequences 
that have followed and will ever follow it, it 
ranks with the great events in history. The 
achievment of her independence ; her admission 
into the great Union of States ; the Mexican 
war with its immortal deeds of valor and its 
invaluable conquest of soil and of gold; the 
extension of the Union from the Sabine to the 
Rio Grande and from the Gulf to the Pacific, 
are some of its past results, while those yet to 
follow, must ever be of the first importance and 
inseparably connected with the destiny of our 
country. A faithful sketch of the origin of 
these events and results, can not fail to interest 
every patriotic inquirer for the truth of history. 
Several histories of Texas have been written, but 
this sketch will differ widely from all of them 
on the subject of the establishment of the first 
colony. Prefering the narrative to the contro- 



128 Life and Events, 



versial method, the writer will present facts 
without reference to the difference, leaving the 
reader to judge for himself. 

While residing in Lexington in 1807, Joseph 
n. Hawkins met with a youth from Mis- 
souri. Mr. Hawkins invited him to his house ; 
the invitation was accepted and from this home 
he went to one of the schools of the city. 

Li reference to the relations thus established, 
a distinguished cotemporary of the parties 
observes, in a note on the subject to the writer ; 
" the kindness Mr. and Mrs. Hawkins extended 
to Stephen F. Austin, while he lived in their 
family, was followed by enduring friendship be- 
tween the parties." 

Moses Austin, the father of Stephen F., then 
residing in the wilds of Missouri, at " Mine A* 
Burton," afterwards came to the city with his 
family, and he, too, found a friend in the per- 
son of this friend to his son. About the year 
1809, the Austins returned to Missouri. In the 
year 1819, Mr. Hawkins removed to the city 
of New Orleans. There he afterwards met 
again with Stephen F. Austin. The result of 
this renewal of their acquaitance, was the under- 
taking, by M^\ Hawkins and Moses Austin, to 
colonize Texas, then a province of Spain, and 
a distant country, inhabited only by the sons 
of the forest. 

In pursuit of this object, Moses Austin made 
a contract with the Spanish ofBciul for the 



Life and Events. 129 



establishment of a colony of three hundred fam- 
ilies in Texas. But before any further steps 
were taken in the matter, this daring and 
patriotic adventure was defeated by his death. 
Soon after this event, his son, Stephen F., upon 
application was substituted for his fsither. But 
this done, it was a colony on paper only. In the 
hands of a young man, unknown to the public, 
wholly without means or sufficient emigrants, it 
would' have remained forever, to Stephen F. 
Austin and to the country, a colony on paper, 
had he not received the all important aid of 
his early friend, Joseph H. Hawkins. While 
young Austin possessed all the requisite qual- 
ities and qualifications to carry out such an 
adventure, neither time nor circumstances had 
yet given him the position or the means to do 
so. To enlist a colony of three hundred families 
in the United States, and send them to the 
distant and hazardous country of Texas, at that 
day, must have been the work, to an important 
extent, of a tried man, in every sense, of high 
position in the public confidence. Such was 
the position and such the assistance of Joseph 
H. Hawkins. The Austins made the arrange- 
ments with the Spanish officials for the estab- 
lishment of the colony ; Joseph H. Hawkins 
sent nearly the whole of that colony to Texas. 
It was the first colony or settlement of Americans 
ever established in the country. 

This brief statement of facts differs so widely 



130 Life and Events. 



from all previous history, tliat it is due to the 
subject to appeal to the proof. 

This will introduce the reader to an important 
paper. Important because it is the only paper 
that contains a true description — true and faith- 
ful evidence of the beginning of a series of 
important events. It has been preserved by the 
wife and daughter of Ml. Hawkins, but has 
never been published. It was written by Mr. 
Hawkins, and is now in possession of the author. 
It is not the paper, the writing, but the conse- 
quences that have followed the enterprize set 
forth by it, that constitute its importance. 

Contract between JoseijJi H. JIawMns and Stephen 
F. Austin for Colonizing Texas. 

" Articles of agreement made and concluded 
this fourteenth of November, 1821, between 
Stephen F. Austin and Joseph H. Hawkins of 
New Orleans, witnesseth : That whereas a con- 
tract was heretofore entered into between the 
parties hereto, the said Austin acthig for and 
on behalf of his father, Moses Austin, and in 
virtue of an authority from him, whereby the 
said Moses Austin by his agent and son, coven- 
anted and agreed to sell, and did sell to Joseph 
H. Hawkins one equal half part of all lands 
granted by the Spanish government to said 
Moses Austin in the province of Texas, together 
with one equal half part of all town lots, emol- 



Life a-nd Events. 131 



uments, profits, monies, or effects derivable 
from the settlement and sale of lands and lots, 
so agreed to be settled by said Moses Austin ; 
and whereas, since the Spanish government in 
Texas have confirmed to said S. F. Austin, 
the grant of lands originally contemplated to 
be granted to his father, the said Stephen F., 
having resolved to effect the settlement and 
carry the grant into execution upon the same 
principles stipulated and agreed to by his said 
•deceased father, and whereas, the consideration 
to be paid by said Hawkins, to said Moses 
Austin, was the advance of monies necessary to 
defray the expenses incurred in obtaining said 
grant, and which have already been advanced 
by said Hawkins : now the parties hereto cov- 
enant and agree as follows : the said S. F. 
Austin hereby acknowleges to have received 
from said Hawkins the sum of four thousand dol- 
lars, in full of all monies to be advanced by him 
under this contract, or the contract before re- 
ferred to, made by said S. F. Austin, under 
the direction and authority of and for his father 
as aforesaid ; and for and in consideration of 
the said sum of four thousand dollars so paid 
by said Hawkins, the said S. F. Austin, doth 
hereby for himself and the other legal re- 
present^itives of his said father, covenant and 
and agree, that after making the necessary 
survey, the said Hawkins shall be entitled to 
and receive one equal half part of the monies, 



132 Life and Events. 



eflFects, property and profits arising from the 
sale of lands, lots, or from nnv other source 
growing out of the grant of lands before refer- 
red to or the settlement thereof. And all lands, 
lots, and other property so derived, shall be 
from time to time divided between said parties 
hereto in equal moities ; and it is further agreed 
by and between the parties hereto, that a joint 
and equal co-partnery is established between 
said S. F. Austin and said Hawkins, in all mat- 
ters and concerns touching the lands to be granted 
to them or either of them, touching the emoluments 
or profits derivable from said grant of lands, or the 
sale and settlement thereof, and all other pur- 
poses and objects in which they may embark 
in said province of Texas ; the said Austin fur- 
thermore covenants and agrees to cause as many 
individuals grants of lands to be made to the 
said Hawkins and himself, and such persons as 
they may name, as can be obtained from the 
proper legal authority in said province of Texas. 
And in all lands granted to said Austin, either 
party is at liberty to consider himself a joint 
owner should he elect so to do. In embarking 
in objects requiring disbursements of monies or 
monied responsiljilities, it must be done by joint 
and mutual consent. 

Witness our hand and seals this 14th day of 
November, 1821. 

Stephen F. Austin. 
Joseph H. Hawkins. 



Life and Events. 133 



Soon after this Mr. Hawkins, declared in a 
letter to a friend his intention to remove to 
Texas and make her his home. 

''New Orleans, Feb., 2m, 1822. 
****** I do not 

hesitate to declare, that if my expectations are 
realized I shall not long be a resident of this 
city. Texas will be my home. 

Jos. H. Hawkins." 



The following, from the published letters of 
W. B. Dewees, contain his statement in reference 
to the establishment of the first colony. Being 
one of the first emigrants and having no known 
motive to falsify the truth, his statement so far 
as he is considered reliable : 

LETTER 3. 

''Pecan Point, Ark., June 10 th, 1821. 
Dear Friend : — * * ;;< ^ic 
During my stay in Nacogdoches, I learned 
that Mr. Moses Austin of Missouri, had received 
permission from the Mexican government to 
establish a colony in the State of Coahila and 
Texas. We then made immediate preparations to 
return to this place, having determined to join 
Austin in the enterprise. 5i< >[; * 

W. B. D." 



134 Life and Events. 



LETTER 4. 

^^ Brazos River, Ooaliila and Texas, y 
July 16th, 1822. | 
Dear Friend : — After a long and toilsome 
journey, I arrived at this point from Red River 
in Company with three or four families from 
that country, on the first of January last. 

•J(. ^< >}; ;1; ^ * >!< 

On arriving at . the Brazos we found two 
families Garrett and Hibblings, who had got 
there a few days before us, and were engaged 
in erecting cabins. * * VY. B. D." 

The following is also taken from his com- 
pilation of letters published in 1854. 

''San Antonio, Feb. 2d, 1829. 
■ Dear Friend : — You requested me in your 
last letter to give the names of the diiferent 
emprisarios of Texas, and a history of the set- 
tlement of the colonies of Texas, by the differ- 
ent emprisarios, as also the location. Were I 
to give you a full account of it, the subject 
might prove tedious to you, but the brief outline 
which I shall take great pleasure in sending you 
will, I trust, prove not oiily interesting but 
instructive," 

"In January, 1821, Moses Austin, of Missouri, 
received permission from the Supreme govern- 
ment of the internal provinces of New Spain, 
to introduce a colony of three hundred families 
in the province of Texas. Before any steps 



Life and Events. 135 



had been taken to establish the colony Austin 
died." 

" His son, Stephen F. immediately took up 
the enterprise ; he proceeded to Texas where 
he arranged the preliminaries with the Spanish 
authorities, and was commissioned by the gov- 
ernment to take charge of the local govern- 
ment of the new settlement until it could be 
otherwise arranged." 

" In December, 1821, he arrived at the Brazos 
.with the first emigrants, and settled at the old 
La Bahia crossino;." 

" During the interval between the day of his 
permission and the time of his arrival, Mexico 
had shaken off the Spanish dominion, and it be- 
came necessary for him to proceed forthwith to 
Mexico." 

>i; * ^ ^ :^ 

"In August, 1823, Col. Austin arrived at the 
Colony accompanied by the Baron De Bastrop, 
who had been appointed by the Governor of 
Texas, Commissioner on the part of the govern- 
ment, to survey the lands for the settlers, and in 
union with Austin, issue titles to each, in the 
name of the government." 

W. B. D. 
***** * 

The next statement is from another of the 
original colonists. It was made in response to 
the following interrogatories addressed to her by 
the author of this book. 



136 [Life and Events. 



Lexington, Ey., June 23c7, 1855. 
To Mrs. Angelina B. Eberly: — Will you 
please state vfhether or not you emigrated to 
Texas at an early day ; if so, when, •\^■ith -whom, 
and how you went there. State whether or not 
you were one of the first families that settled 
in Texas. If so, please state the circumstances 
that came under your personal observation and 
knowledge, concerning the establishment of that 
colony, and what you learned from the emigrants 
and others connected with the colony. 
Respectfully, 

Wm. B. Victok. 

a rjiQ ^^ g_ Victor : — Your inquiries above, 
I will answer. In the Spring of 1822, my 
husband and myself went to New Orleans for the 
purpose of locating there, or of emigrating to 
Cuba. Shortly after our arrival in New Orleans, 
we were informed that a colony was being estab- 
lished in Texas. The country was represented 
as being a very fine one, the inducements to 
emigrants great, and we concluded to go there. 
We were informed that a short time before, a 
vessel had been sent with the first emigrants, 
by Joseph H. Hawkins, who then lived in New 
Orleans ; that the vessel had been wrecked on 
the voyage, and that Mr. Hawkins had sent a 
vessel called the "Only Son" in search of the 
wrecked vessel and emigrants. 

The " Only Son" returned from the search, 



Life and Events. J37 



and I, with about one lum<lred and fifty emi- 
grants, departed from New Orleans on the " Only 
Son" for Texas, on the first of June, 1822. 
When we were near starting, and also while on 
the vessel, before leaving, we were informed that 
Joseph H. Hawkins had, by great efforts and 
persuasion, chartered the ship, lor this voyage 
to Texas. I saw Joseph H. Hawkins receiving 
many of the emigrants on board the vessel, 
giving directions in relation to, and receiving 
supplies and stores for the emigrants, and con- 
trolling the preparations for the departure of 
the vessel. I was told by the Captain of the 
" Only Son," that he had been employed by Mr. 
Hawkins to search for the vessel first sent out, 
that was wrecked, and that Mr. Hawkins had 
sent supplies to the suffering emigrants that were 
on her ; that the Captain of the " Only Son" had 
found the emigrants near the mouth of the Col- 
orado in great distress and destitution. 

The Captain also told me that he did not want 
to make the trip which carried us over, but had 
been induced to do so by Mr. Hawkins. Some 
of the emigrants were able to pay their passage, 
but a great many were not, being without money. 
It was known, and often talked of among the 
emigrants, that Mr. Hawkins paid the passage, 
by chartering the vessel, of all those who had 
no money, and also furnished them with supplies. 
About the time of the departure of the " Only 
Son" from New Orleans on this voyage, Mr. 



138 Life and Events. 



Hawkins started another vessel to Texas, which 
was the third one sent with emigrants and 
supplies. We arrived in Texas at the Colorado 
landing on the 18th of June, 1822. When we 
arrived there, the other vessel, started by Mr. 
Hawkins about the same time ours started, had 
already arrived before us. We also found at the 
old Colorado landing, the surviving emigrants of 
the first vessel that was wrecked. Several of 
them had perished and some had wandered off. 
They told us their vessel had been wrecked on the 
Texas coast, and they had been piloted by the 
Indians to the old Colorado landing, or a good 
portion of the way. After our arrival we had 
soon to separate, to some extent, to raise corn, 
build cabins, and perform the necessary labors, 
in a new country, to make a living. We were 
often annoyed by robbers and Indians. Our 
situation was on^ of privation and uncertainty. 
Stephen F. Austin was in Mexico, where he 
had gone to complete the grant of lands for the 
emigrants, and we yet had no certainty that the 
promised grant would be complied with. This 
was the first colony ever established in Texas, 
and is commonly called Austin's colony. 

Mr. Austin remained in Mexico until in 1823. 
The emigants or colony had not seen him. He 
had gone in the Fall or Winter of 1821, from 
Missouri, by land, with some fifteen others, to 
San Antonio, and from there he went to Mexico. 
He was not in New Orleans when Mr. Hawkins 



Life and Events. 139 



sent any of the vessels and emigrants to Texas. 
During Mr. Austin's stay in Mexico, Mr. Hawkins 
sent supplies and farming implements to tlie 
colony. There was but one feeling and opinion 
among the emigrants and colony for Joseph H. 
Hawkins; that was the liighest estimation and 
w^armest gratitude for his kindness and his 
efforts in their behalf. 

Soon after Mr. Austin returned from Mexico 
to Texas, he located the town of San Philippe, 
and established a land office there. He then 
surveyed and located other towns, and laid oflf 
to the emigrants, the land they were entitled to 
under the colonization contract. 

Mr. Austin afterwards obtained grants for other 
emigrants, and devoted himself to the settlement 
and improvement of the country until his death. 

The colonies entertained for him feelino;s of 
the warmest esteem and gratitude. 

Before obtaining the lands from Mexico, he 
was very poor, indeed had nothing at the time 
and before the colony went to Texas ; but by 
his success in this colony he made and left a 
large fortune. 

A. B. Eberly." 

State of Kentucky, 1 
Fayette County, to wit: / 

I Benj. F. Graves, a commissioner for the 
State of Texas, residing in the city of Lexing- 
ton Kentucky, do hereby certify, that Mrs. A. 
B. Eberly, personally appeared before me, and 



140 Life and Events. 



signed, and acknowledged the foregoing instru- 
ment of writing. I further certify that said 
instrument, was read over to said A. B. Eberly, 
and she did declare that the matters and things 
stated therein were true. 

Given under my hand this 26th day of June, 
A. D., 1855. 

Benj. F. Graves. 
Commissioner for Texas in Kentucky. 

The foregoing statement is no doubt true ; 
corroborated as the facts are. by numerous co- 
temporaries, and by the acts of Mr. Austin 
himiself, these facts may be placed upon the 
tablet of truthful history. She had no motive 
or inducement to make any but a truthful 
statement. Her well known independence and 
fearlessness, would naturally prompt her to scorn 
the slightest coloring of the facts, while her 
clear head and strong mind make her statement 
doubly reliaide. This is her character. Her 
statement illustrates the previous history, of the 
movements of Mr. Austin in the beginning of 
the colony, and shows the part performed by 
Mr. Hawkins, at the same time, to wit : That 
Mr. Austin went by land in the fall of 1821 to 
Texas with a few emigrants :' about fifteen in 
number; That he then went first to San Anto- 
nio and thence to Mexico ; that he remained in 
Mexico until his return to the colony in Au- 
gust, 1823; that during this time in the Spring 



Life and Events. 141 



of 1822, Mr. HaAvkins sent the colony of three 
liundred families Avith provisions to Texas, and 
afterwards sent implements and supplies to 
assist in sustaining them. The important part 
thus performed by Mr. Hawkins in essab- 
lishing the first colony in Texas, was exten- 
sively known at the time in New Orleans and 
was deeply appreciated by the colony. It is 
therefore one of the extraordinary omissions in 
the Texas drama, that all history previous to 
this time, should have given the fame so justly 
belonging to him, wholly to others. The injus- 
tice of this, will be more fuly felt by the reader, 
when he shall have learned something of the 
sacrifices which this colony cost Mr. Hawkins 
and those nearest and dearest to him. 

In letters written cotemporaneously with the 
beo'inning and progress of this colony, Mr. Haw- 
kins wrote as follows. 

The letters from which the extracts are taken 
are in possession of the author. 

Neio Orleans, July 2G^A, 1821. 
My Dear Sik: 

* ;l^ * * * 

I have long wished to say something as to 
your removal from Kentucky. The unhealthful- 
ness to which we are subject here forbids your 
coming to this city. I do not see your way at 
Tcnsacola as yet. Time may present something 
here. Aftel- every inquiry I believe Texas, 



142 Life and Events. 



■whicli Mr. Monroe gave to Spain for nothing, 
is the finest spot in North America, taking 
soil, climate, air, water and products altogether. 
I am interested in a large grant of land there. 
Should it turn out according to my expectations 
we shall all have a home. 

On *my return from Mohile I will write you 
fully and enclose you the plan of our colony, 
description of the country, &c., &c. * * 

Joseph H. Hawkins. 

He wrote : 

New Orleans, Sept. 21st, 1821. 

My Dear Sir: 

****** 

If the accounts we have received be correct, 
and there seems to be no difference of opinion, 
the province of Texas is the best spot for your 
enterprise and favorite pursuits, perhaps in the 
world. I am extremely anxious for you to see 
that country. I send you by this days mail 
a paper containing Mr. Austin's publication. I 
have a right to one half this grant and all the 
benefits resulting from it. 

I have not seen the exact boundaries, but as 
they have been communicated they are as fol- 
lows : 

Beginning at and including Matagorda harbor, 
the landing of Lasalle, and running up the river 
Gaudaloupe to what is called the Labadue trace, 
thence along that trace to the Colorado river, 
&c.,^&c. * * * 



Life and Events. 143 



The lands are rich, part wood hind well 
watered, susceptible of growing sugar, cotton, 
tobacco, corn, rice, the tropical fruits, and I 
presume the vine; the country abounding in 
sheep, wild horses, cattle and mules, and cer- 
tainly a healthful clime. Is not the country worth 
visiting, &c., &c ? * * * 

Shall the temporary rule of a Spanish Governor 
prevent us from doing so ? 

Joseph H. Hawkins." 

Again, in urging his friends to prepare for 
their removal to Texas, he wrote : 

" Let us move where the means of living will 
be cheap, Avhere the theatre of usefulness would 
be extended, and where our children would share 
the advantages of their parents having shared 
in the difficulties of settlement, and the labors 
necessary to the maturity of institutions promo- 
tive of general happiness. Go, in fine, where 
both ourselves and children will have room 
and feel that they are adding to their own 
ditniity, and the happiness of their parents. 

* * ;ii ^i; >K 

Joseph H. Hawkins." 

It is worthy of consideration, that the objects 
Mr. Hawkins had in view, in reference to Texas, 
were to regain a territory that had been conveyed 
away ; to make that country the home of himself 
and such friends as he could induce to join him ; 



144 Life and Events. 



and to aid in maturing institutions promotive 
of general happiness. It is also worthy of con- 
sideration, that Texas, as a part of Louisiana, 
had been obtained by the Republican party, and 
had been ceded to Spain by Mr. Monroe, under 
the influence of the old opposition to Louisiana. 

The efforts and money expended in behalf of this 
colony, made it necessary for Mr. Hawkins to exert 
the powers of his mind and body to their utmost 
tension, to support his family, and accomplish 
his objects. During this period, he wrote to 
his friend as follows : 

"You would scarcely recognize me as the same 
man when we parted. Mj cares and labors have 
so Avorn me out, that both my mind and body 
are thread-bare. I mention this that you may 
not deem me callous to the recollections and 
emotions which will always endear you to me." 

In another letter, he wrote in reply to his 
friend : 

" My anchorage you say is on the bed of 
death. It is even so, and I have looked on 
until I have become familiarized with it. Awful 
indeed has been the desolation around me. To 
presume that I alone am to be exempt, would 
be to presume against the will of heaven. Three 
of my family (a 3'oung man teaching French, 
and Jonathan and Jack) are already gone. I 
owe my life at present, to timely and powerful 
medicines, and leaving town for the sea-shore. 
The storm has gone by, and like the mariner 



Life and Events. 145 



who escaped from wreck, I cling the closer to 
the barque, to which I owe my safety. As to 
constitution, I feel it daily giving ground." 

" I look back upon Kentucky with the melan- 
choly feelings which a retrospect of the scenes 
of infancy and the early attachments of life, 
always excite. I sometimes censure myself for 
having left you ; at others the flattering hopes 
of a temperament always too sanguine, encourage 
me to toil on and hope for the better." 

A short time before his death, he again wrote 
to his friend : 

"I should have visited Kentucky, if circum- 
stances had permitted, this summer. But my 
life resembles little else than the convulsive 
struggles of an expiring lamp. * * * j -vYigi^ 
you very much to see Texas. If I could be 
located there with you, it might prevent a 
removal beyond this." 

Again he says : 

" My life has been a forced one for several 
years. Having many causes for marked and 
distinct feelings, yet each day obtrudes on, and 
wears out, its predecessor. The resolves of the 
nifht are effiiced by new occurrences of the 
morning, and the fatigues of the day, leave but 
little for mental or bodily effort at night." 

As the consequence of an effort which has 
resulted so greatly for the good of his country, 
the writer supposes that the facts disclosed by 
the letters of Mr. Hawkins, will find a genuine 



10 



146 Life and Events. 



sympathy in every true and patriotic heart. 
He also supposes that something more of the 
character of a man who thus served the great 
cause of civilization, and the extension of Re- 
publican liberty, will be properly and kindly 
received. 

His early acquaintance with the Austins in 
Lexington ; the residence of Mr. Hawkins in 
New Orleans ; their achievement of the colony, 
and his early melancholy death, seem to have 
been a destiny, than which there was no other 
for him. Of this, his letters disclose a wonder- 
ful presentiment, at times a corresponding des- 
pondency, but ever the heroic struggles of a 
true heart and a noble spirit in pursuit of its 
cherished objects. 

We again quote his letters from New Orleans : 
" Is it not time to deem ourselves peculiarly 
subject to the chastening rod of Providence ? 
Does it not naturally lead us to look beyond the 
grave for the only fruition of promises deferred, 
of hope bereft ! Can it be possible that the 
nothingness of this life, limits our intellectual 
immortality ! Why has God endowed us with 
the faculty of looking and hoping for more ? 
Shall those powers whose range has yet found 
no limits, find their end in the feeble frame that 
bears them ? If so, there remains but little in- 
ducement for all our toils and struggles here. 
* * * But my attachment and predilections 
for a few objects near and dear to the heart, 



Life and Events. 147 



and for occupations hitherto without interest, 
increases, as former and other feelings give way, 
* * *= The dear pledges and objects of affec- 
tion — the wives and chddren of our bosoms cling 
the closer, and are prized the higher, as the 
period of final separation approaches." 

On the same subject he writes again : 

" Your friend seems greatly distressed, judging 
from the painful necessity he feels under, of 
joining the church, to get on in the world. Woe 
be to him who shall kneel at the foot of the 
cross of an insulted Savior, shielding the political 
strifes of this world, with pretended piety towards 
God ! Blessed are they, who with pure and con- 
trite hearts, mingle at the alter of the Redeemer's 
blood, tears of penitence, and prayers for forgive- 
ness." 

After seeing the reflection of such a pure and 
noble soul, it is not at all surprising that he who 
possessed it, should have been employed by a wise 
Providence, to aid in laying the foundation of 
an empire of civilization and religion, to endure 
forever. 

His colony was established ; his mission was 

fulfilled; in his own soul he had felt, and from 

his own hand came the precursor of the event 

n^xt announced by one of his nearest friends : 

'• 

" Neio Orleans, Oct. 11th, 1823. 
My Dear Sir : — All our plans and prospects are 
at last blasted by the death of Mr. Hawkins. 



148 Life and Events. 



Having been called to Bayou Sara on busi- 
ness, the latter part of last month, when I 
returned on the 2d inst., the first communi- 
cation, on landing, without any previous indi- 
cation of his illness, was the dreadful news of 
our irreparable loss. I immediately got a small 
schooner bound for Madisonville, to see and 
learn the pleasure of Mrs. Hawkins under such 
an affliction. Her determination is to return to 
Kentucky. ^ * :^ 

Nath. Cox." 

Owing to his feeble condition of health, Mr. 
Hawkins had gone to the more healthful shores 
of Lake Ponchartrain. While there the suffering 
mariners of a vessel in danger, or wrecked near 
by, called for assistance. He exerted himself 
in their relief, until exhaustion compelled him 
to cease. He returned to his family, but the 
cold grasp of death had fastened upon him. In 
a few days he was a corpse. 

Thus at the age of thirty-seven years ended 
the life of Joseph H. Hawkins ! Ever devoted 
to the cause of humanity, how melancholy it is 
to see his ejQTorts in her behalf thus end his 
career. Thus take him from his devoted com- 
panion, and leave all desolate and heart-brok^ 
with five helpless children. Sad as it is tRe 
scene is not relieved by the subsequent fate of 
that stricken family. Mrs. Hawkins returned 
to her native city ; — to the scenes of her 



Life and Events. 149 

infancy, girlhood, and marriage ; slie was the 
daughter of Col. George Nicholas and bore 
his name, George Ann ; she received every 
attention of sympathy and aiFection, but all 
failed to save her ; the death stroke of her 
husband, gave her a wound that would receive 
no balm of relief, until the heart it had pierced 
ceased forever to beat. 

The following letters contain further proof 
that Texas cost Mr. Hawkins his all ; his estate 
and his life. 

" Neiv Orleans, April 26th, 1823. 

My Dear Sir: 
****** 

For my friend, Mr. Hawkins, I wish that I could 
say all that I desire. As a man, a friend and 
neighbor, I am happy in the extreme, in saying 
how dearly he is appreciated by us; but the 
Austin grant in Texas has kept him poor, and 
will continue so to do, I apprehend, for years to 
come. I have no doubt he has made at least 
twenty thousand dollars by the practice of his 
profession since he came to New Orleans, and 
the whole of it is gone. I hope, however, that 
he is determined to make no more advances. 
In that case his circumstances will soon be 
easy, for his practice is very considerable. 

***** ^ 

Nath. Cox." 



150 Life and Events. 



He wrote again soon afterwards : 

" Netv Orleans, Bee. btJi, 1823. 
Dear Sir: 

I wrote you a few days since, after the death 
of Mr. Hawkins, but it could not have reached 
you at the date of your esteemed favor of the 
^rd ult., only just now at hand. I do not recol- 
lect the contents of my former letter, and not 
having had the pleasure, (for such it would 
have been, though a melancholy one,) of seeing 
Mr. Hawkins in his late illness, I can not go 
into details for since the fatal event, I have 
never felt bold enough to speak on the subject 
to his disconsolate widow. 

How happy I should be, if in a few years, the 
interest in the province which has cost us so many 
IJangs, should turn out a fortune for her and 
her children, and this is far from being unlikely. 
The grant from the best information I can obtain, 
consists of a very large portion of the very 
best sugar and cotton lands, a fine stock coun- 
try, and possesses many other qualities to make 
it desirable. Such a country must be settled 
in time, and I hope, long before Mrs. Hawkins 
has lost her relish of life, and that in the end, 
she may have the satisfaction of seeing her 
children well provided for. This wish and soli- 
citude is due to the exertions and deprivations 
of her lamented husband. 

Nath. Cox." 



Life and Events. 151 



The next letter from Mr. Cox states facts that 
have hitherto been known to comparatively few; 
certainly not by the great majority of the people 
of Texas, or their course in some respects 
would have been difierent, in relation to the 
memory and family of one of her fathers and 
benefactors : 

''New Orlearis, Feb. 12//i, 1824. 
DteAR Sir: 

I have just copied for Mrs. Hawkins the con- 
tract between her deceased husband and Stephen 
F. Austin for your inspection. The original I 
think it best to retain here, subject to your 
future views and instructions. I also retain all 
Austin's letters in case he should doubt the 
propriety of the large suras advanced by Mr. 
Hawkins for the purchase of vessels, goods, &c., 
&c. These letters are full of authority for the 
purchases, in addition to which I have a late 
one from him ordering goods to the amount of 
ten thousand dollars. In a former letter to you, 
I mentioned that Mr. Hawkins had made very 
considerable advances towards the province, but 
until a thorough examination of the papers I 
had not the remotest idea of the amount so 
squandered. I have just made up the amount 
to forward to Austin, by the first opportunity, 
which amounts including interest to upwards of 
thirty thousand dollars. I shall write to Mr. 
Austin on the subject fully and freely; and if 



152 Life and Events. 



he has either gratitude or justice in his compo- 
sition, he will do something for the relief of 
Mrs. Plawkins and her children. * * 

To Mrs. Hawkins I shall be able to give little 
more than will take her to Lexington. * * 

The house and lot and all the negroes are 
mortgaged to Gen. Wilkinson, for the four thou- 
sand dollars obtained from him to advance Austin. 

Nath. Cox." 

" JVew Orleans, June bth, 1824. 
Dear Sir: 

The affairs of Mrs. Hawkins may require that 
an agent be sent to the province of Texas next 
winter. The situation will I presume be left 
to you and Mr. H. A letter which will ac- 
company this, from Mr. Austin to Mrs. Haw- 
kins, will set forth more particularly than I 
can do the duties to be performed by the agent. 

^ ^ ^ Jji JfC Ijc 

Austin's letters to me breathe nothing but 
the best of feelings for Mrs. Hawkins and her 
family. This is expected at his hands for the 
many favors granted him, to the entire sacriiBce 
of her husband's fortune and his life — for if 
he had never seen Austin, he would this day 
be at the head of the New Orleans bar. 

Nath. Cox." 

" New Orleans, May 19t7i, 1825. 
Dear Sir: 

I find with great pleasure, that many reputable 



Life and Events. 153 



persons are looking out for passage to Austin's 
grant in the province of Texas. I hope there- 
fore yet to see the day, and that not far distant, 
■when Mrs. Hawkins can feel . herself independ- 
ent from the same source which caused her so 
much misery, for to that grant and that alone, I 
must attribute the death of her lamented husband. 
The advances made to Austin had such an ef- 
fect upon him that he could not sustain it. 

Nath. Cox." 

The destroying effect upon Mr. Hawkins refer- 
red to, was the result of the heavy embarrass- 
ments in which he thus placed himself for his 
country. He mortgaged the home of himself 
and family, the servants that nursed the helpless 
children and delicate companion of his bosom, 
for a distant land and people. The anxieties 
and labors thus brought upon him, in the debili- 
tating climate of New Orleans, exhausted and 
prepared him for a premature grave. Having 
a spirit of the loftiest pride, and sensibilities 
of the keenest nature, he labored intensely and 
incessantly to establish his colony, to meet the 
engagements the effort had brought upon him, 
and at the same time to support the expensive 
style of life indispensible to the habits of his 
family, and his position in New Orleans society. 
In these efforts and distress he threw himself 
and the family so dear to him, upon the provi- 



154 Life and Events. 



dence of the God he worshipped, and with a 
heroic spirit struggling with adversity, he never 
ceased to struggle for the prize of his calling. 
Nothing but the consciousness of a high purpose 
could have sustained him so long or so well. 
None could have felt more keenly or deeply than 
himself his personal sacrifices, but none knew 
or believed so fully as himself, that his loss would 
be his country's gain; the brilliant eye of his mind 
and the strong emotions of his soul, saw and 
felt that be was engaged in a work for millions 
and for all time to come. 

The establishment of the first colony, and 
the large advances made by Mr. Hawkins, ena- 
bled Mr. Austin to go on and establish other 
colonies. In 1825 he petitioned for permission 
to colonize five hundred families. The proposi- 
tion was accepted, and the families were colon- 
ized in the limits of the first colony. In 1827, 
Mr. Austin made another contract for the settle- 
ment of one hundred families. In 1828, he 
contracted to set<"le another colony of three 
hundred families. The success of the first col- 
ony, and the means advanced by Mr. Haw- 
kins, directed emigration to Texas, gave confi- 
dence in her success and enabled Mr. Austin 
to establish these additional colonies, as pay 
for which he received large grants of lands 
for himself. Thus it is clear that Mr. Austin 
owed his success, his fortune and his fame, in a 
great measure, to the kindness, the efforts and 



Life and Events. 155 



the means of Joseph H. Hawkins. Without them 
tbe whole scheme would have been a failure. 
Not only that, but the whole subsequent history 
and destiny of Texas would have been differ- 
ent. If you tear away the foundation of any 
building, the whole superstructure falls to the 
ground! AH things earthly have had a begin- 
nino-, and that beginning can not be supplied 
by ""any other supposed similarity of subsequent 
events or beginnings. 

The rise and progress of nations are like the 
life of man ; born at a particular time, nursed and 
schooled under a particular combination of ever- 
changing circumstance? ; thus arriving at man- 
hood! he must and does act through life ac- 
cording to these great controlling circumstances 
of his'destiny. If the beginning in point of 
time only be changed, that brings the man or 
nation into life and action under circumstances, 
which might and most probably would have pro- 
duced difterent results. While this is true m pni- 
losophv, while it is known by the experience and 
observation of every man to be true, it is not less 
important than true in the colonization and subse- 
quent history of Texas. When the application was 
made to Spain for permission to establish the first 
colony, the prejudices of the Spaniards against 
the people of the United States, would have de- 
feated the project but for the circumstance that 
Mexico, long discontented with foreign rule, was 
about to declare her independence. The Spanish 



156 Life and Events. 



authorities then supposed that hy interesting and 
making dependant upon her the colonies pro- 
posed, she would strengthen her position in the 
north. While the establishment of the colony 
was progressing, Mexico declared her independ- 
ence, and for the same reason she confirmed the 
first grant, and continued the same policy. Had 
the first colony failed or been delayed a few 
years, the subsequent history of the country 
between the Gulf and the Pacific would have 
been difi'erent. Her growth, her independence, 
her annexation to the Union, the war with its 
priceless trophies, have all grown from this origin, 
and depended from time to time, upon the very 
coincidences of political events and parties, that 
have produced the very results that have followed. 

While such were the brilliant results of the 
first colony to Mr. Austin, and to the country, 
the consequences to Mr. Hawkins and his family 
must not be forgotten. His noble soul panted 
for them, yet it was never the destiny of Joseph 
H. Hawkins to behold the growth, or taste any 
of the fruits of his planting, or even to see 
the beautiful land thus redeemed and bequeathed 
to his country. 

Nor was it the fortune of his endeared wife 
ever to receive any aid or benefit from it. The 
best excuse that can be offered for Mr. Austin 
is, if true, that he applied all the means at his 
command to the cause of the colonies and the 
country. 



Life and Events. 157 



Nor is this all. The orphans sought a home 
in the country thus reclaimed by their father 
and friends, but their fate too, is a story of deep- 
est sorrow. The fate of one of them^ Norbourne 
B. Hawkins, (named for the friend of his great 
grand-father, Norbourne Bottetourt,) exhibits con- 
duct, alike cruel — horrible in the enemy and noble 
in himself. A delicate youth of only sixteen sum- 
mers, with the rifle he had born from his native 
land, he joined, and marched with the lamented 
Fannin, in defence of Texas, his adopted home. 
The fate of Col. Fannin and his companions in 
arms, is one of the most horrible in the 
history of wars ! After surrendc ing under the 
most solemn stipulations that they would be 
treated with all the kindness due to prisoners, 
three hundred and thirty were shockingly mur- 
dered ! The following extracts from Professor 
Yoakum's late history of Texas, convey a faint 
idea of the horrible scene. 

" Col. Fannin had surrendered on the 20th of 
March, 1836. After the surrender, the prisoners 
were crowded m an old church at Goliad, with 
no other food than a scanty pittance of beef, 
without bread or salt. Thus they were confined, 
yet sustained by the promise that they would be 
sent to the United States, so soon as a vessel 
could be procured to carry them. 

" The evening of the 26th passed off pleas- 
antly enough. Col. Fannin was entertaining his 
friends, with the prospect of returning to the 



158 Life and Events. 



United States ; and some of the young men who 
coiiUl perform on the flute, were playing, ' Home, 
Sweet Home.' At seven o'clock that night, an 
order, brought by an extraordinary courier from 
Santa Anna, required the prisoners to be shot. 
" At dawn of day on Palm Sunday, March 
27th, the Texans were awakened by a Mexican 
officer, who said he wished them to form a line, 
that they might be counted. They were then 
marched out in separate divisions, under different 
pretexts. Dr. Shackelford, who had been invited 
by Col. Guerrier to his tent, about a hundred 
yards south-eastwardly from the fort, says : ' In 
about half an hour we heard the report of a 
volley of small arms toward the River and to 
the east of the fort. I immediately inquired 
the cause of the firing, and was assured by the 
officer, that he did not know, but supposed 
it was the guards firing their guns. In about 
fifteen or twenty minutes thereafter, another such 
volley was fired directly south of us and in front. 
At the same time I could distinguish the heads 
of some of the men through the boughs of some 
peach trees, and could hear their screams ! It 
was then for the first time the awful conviction 
seized upon our minds, that treachery and murder 
had begun their work. In about an hour more, 
the wounded were dragged out and butchered ! 
The dead were then stripped, and their bodies 
thrown into piles. A few brush were placed 
over them, and an attempt made to burn them 



Life and Events. 159 



up, but with such poor success, that their hands 
and feet, and much of their flesh were left a 
prey to dogs and vultures!'" 

A like scene of shocking brutality has never 
been perpetrated on American soil ! Such was 
the effect produced by it, even on the subor- 
dinate ofiicer who commanded it, that he wrote 
to his general : 

" I feel much distress at what has just oc- 
curred here ; a scene enacted in cold blood having 
passed before my eyes, which has filled me with 
horror ! All that I can say is, that my duty 
as a soldier must be my guarantee. 

" I repeat it, I am willing to do anything, save 
and excepting the work of a public executioner, 
by receiving orders to put more persons to death!" 

But in addition to this ; after the army were 
made prisoners, and were condemned to suffer 
death, the Mexican officer, attracted by the 
delicate and youthful appearance of young Haw- 
kins, upon ascertaining who he was, proposed to 
give him an opportunity to escape ; to this he 
replied, that two cousins had joined the army 
with him ; they were prisoners also ; if they 
could be permitted to escape, he would gratefully 
accept the offer. This the officer refused ; young 
Hawkins replied, " I will share the fate of my 
cousins." They were marched out and murdered 
with the others ! 

The two cousins thus massacred with Norbourne 
Hawkins, were Robert, a son of Col. Owings, and 



160 Life and Events. 



Samuel, a son of Col. Saunders ; three sisters' 
children ; their mothers, daughters of Colonel 
George Nicholas. Their fate seems to be the 
sealing with their pure, young, patriot blood — 
the crowning sacrifice of a family thus devoted 
to their country's cause, and thus connected with 
her great events, and her still greater destiny. 

The American Muse has sung her plaintive 
song to the memories of the suffering pilgrims 
of Plymouth Rock ; she has made that Rock to 
blossom and bloom beautiful flowers and delicious 
fruits forever ; the deep-toned voice, the per- 
vading intellect, the grand coEception, and the 
sombre eloquence of Webster, have immortalized 
the sufferings and achievements of the Pilgrim 
Fathers, and the valorous deeds on Bunker Hill; 
the American heart has matronized Virginia, as 
the mother of States and of statesmen ; yet here 
are sacrifices and sufferings not less bitter ; here 
are deeds of valor not less noble ; here are 
services and consequences second only in import- 
ance to the country ! 

Though this frail pen can not portray the 
scenes and sufferings through which they passed, 
surely it may pay its feeble tribute to their 
memories, and the heart may offer its incense 
gratitude, and of prayer for their eternal happi- 
ness. 



CHAPTER VI. 

While sucli have been some of the con- 
sequences to Joseph Hawkins and his family, of 
colonizing Texas, let us consider briefly the 
results to the people of the Union and the pro- 
gress of society. 

That vast country between the Gulf and the 
Pacific, has been brought into the American 
Union ; under all the influences of the Christian 
civilization. 

The citizens there and the people of the 
United States, have thus acquired a beautiful 
and fertile country, having a variety of clime, 
of soil, and productions, unsurpassed by any 
other portion of the Union, perhaps of the 
globe herself. So long as civilization shall live 
and move, it will grow and flourish there. 

The people of those States and territories 
now possess unsurpassed w^ealth, and look to 
a future as brilliant as ever dawned upon 
American eyes. Whatever greatness of num- 
bers, of wealth, of civilization, and happiness 
they may attain, will be a growth from the 
parent colony. 

That colony of three hundred families that 
cost Joseph Hawkins his all, now spreads over 
Texas, New Mexico, Utah, and California. 
Texas contains two hundred and thirty-seven 



11 



162 Life and Events. 



thousand five hundred square miles — is nearly 
six times as large as the old Keystone State. 
It is a well known fact that Texas produced 
the acquisition of the other countries between 
her and the Pacific. Texas and the countries 
thus acquired, contain nine hundred thousand 
square miles — an area nearly three times as 
large as the thirteen original States. But the 
results are yet but partially stated — are local 
in their character. The consequences to the 
Union and to the civilized Avorld are not less 
marked in history, or great in fact. The 
foundation for the greatest empire has thus 
been completed ; uniting an extent and variety 
of soil, clime, productions and mineral resources, 
possessed by no other people on the globe. The 
hundreds of millions of California gold thus ob- 
tained have given a new impulse to society. While 
it is contended by some that the increase of gold 
has not been, and will not be productive of good 
results, the position is clearly erroneous. Since 
commerce commenced, the precious metals have 
been the basis of currency representing labor and 
all her productions. Society can not progress 
without such a representative standard of value. 
Commerce in modern times has increased beyond 
the increase of coin currency. There is yet a 
deficiency of gold to represent commerce. A 
resort to paper money has been the result with 
all its fluctuations and calamities. California 
gold has, to some extent, supplied the former 



Life and Events. 163 



deficiency, lias furnished a greater and more 
solid basis for paper money, and both together 
have given the late impulse to industry, em- 
ployment, education and the whole machinery 
of society, and caused it to move with unparalleled 
rapidity. Whenever there shall be a suffi- 
cient quantity of gold to represent commerce, 
paper money will disappear, except for distant 
exchange, and a solid and uniform currency 
will • thus be secured to all classes of men. 
Take for illustration the effect of California 
gold upon one branch of industry and improve- 
ment. Before the acquisition of Texas and 
California, the people of the United States had 
built six thousand miles of railroad. Since that 
time, they had in 1855 built sixteen thousand 
miles of railroad, and then had sixteen thousand 
miles more in course of construction. This 
work has been done at a cost of five hundred 
millions of dollars. Directly or indirectly the 
money came from the California mines, and the 
supplies of her exhaustless bosom yet flow in 
undiminished streams. While such have been and 
will continue to be, the efTects of California gold, 
another result no less important has resulted to, 
and will ever continue Avith the country. The 
system of railroads thus built, when completed 
by the one projected to the Pacific Ocean, se- 
cures us forever from foreign invasion, even 
against the combined powers of the world. It has 
long been supposed that republicanism wdll have 



164 Life and Events. 



a great defence to make against the attacks of 
monarchy and despotism combined. 

The combined fleets of such an enemy, could 
throw into our cities and upon our shores, vast 
armies for invasion ; but "with our railroad system, 
\fe could concentrate, on short notice, a force suf- 
ficient to defeat any army that could be borne 
here by all the fleets of the ocean. This secures 
us forever from foreign invasion, closes forever 
our ports against foreign foes, and saves tens 
of thousands of American citizens from being 
slain at home by foreign arms. 

Having obtained such treasures and conse- 
quences from the California mines, surely, the 
wisdom and patriotism of the Union will pro- 
vide for the use of a portion of her own 
productions, for building a railroad to her shores. 
Such a work is justly due her, and would not only 
complete the security of the Union from invasion, 
but would be the wisest measure of safety to the 
Union, and of commercial policy to the people. 

The humble author has thus endeavored to 
trace, and present some of the great facts of 
American history, and to render something like 
justice to the deeds and memories of some of the 
great and good men who have thus served their 
country and mankind. He has endeavored to 
accomplish this object without injuring or de- 
tracting from others. He has relied much more 
upon the intrinsic force of facts, than upon any 
poor efi'orts of his, in connecting and presenting 



Life and Events. 165 



them. Having learned that the ancestors of 
his wife and children, the only surviving child 
and grand-children of Joseph Hawkins, were thus 
connected with the great chain of events and 
achievements of their country, he .has felt that 
his relation to them, has increased his duty 
to render justice to their memories. He has 
no fears that a liberal and impartial public 
will misconstrue his motives or his objects. 

The author must be permitted to add that 
these facts and events have not been written 
in a spirit of vain-glorious pride, but having been 
deeply impressed with them, he ventures to 
present them as historical truths. 

They belong to the country, and it has been 
the endeavor of the writer, to place them 
before a grateful country. 

The current of life and events has appeared 
to the writer as remarkable in history. The 
Old and the Kew Worlds wxre first united 
by the marriage of Pocahontas and Mr. Rolf 
under the solemn and sacred rites of the tes- 
tament. Here is the beginning of the new 
Christian civilization ; from this beginning to the 
achievements of the Revolution ; the addition of 
new States; the acquisition and settlement of 
Louisiana and the great Mississippi Valley; the 
colonization, independence and acquisition of 
Texas, and the countries between her and 
the Pacific ocean; thus a union and a cur- 
rent of life and events, beginning with the first 



166 Life and Events. 



colony, extending across the continent, and down 
to the present time. 

The wants, the happiness, and the greatness of 
a people consist of territorial resources and their 
cultivation of them on the one hand, and their 
mental and religious culture on the other. 
The people of the United States have secured an 
extent and variety of territory, with material 
sufficient to supply hundreds of millions of peo- 
ple with all the necessaries and most of the 
luxuries of life. They need give themselves 
no concern at present for the further exten- 
sion of their territory. This great object, the 
foundation of a great Union of States has been 
secured. They want the Island of Cuba, not so 
much for her territory, as for the high purposes 
of peace justice and commerce. Their inter- 
nal system has secured them from invasion by 
land, and they want Cuba as a work of defense 
and of peace on the ocean. Great wars at sea 
have always been and will always be, attended 
with great loss of life, and of commerce. Every 
people that have a flag upon the ocean have an 
interest for peace. Cuba is the natural bulwark of 
the commerce of the shores of the Gulf and the 
great valleys and plains of the West and South. 
The possession of her by a distant owner and 
oppressor, is cue of the vestiges of a past age 
which the arrangements of nature and the de- 
mands of modern progress, must soon remove 



Life and Events. 167 



and bring her into the great American Union of 
States. 

The great work for the American people to 
accomplish is to preserve and imprjve what 
thej have. But some of our statesmen advocate 
the aquisition, not only of Cuba, but of Mexico, 
and Central America. It is to be hoped, that the 
American people, "will pause, consider well, and 
be certain of safety and a sufficient inducement, 
before making any further continental extension 
of their government. The two causes most likely 
to produce a disruption of the Union, thouo-h sep- 
arate, yet they co-operate in tending to this end; 
the premature acquisition of Mexico and Central 
America and the question of African slavery. 

The acquisition of those countries would brino- 
into the Union millions neither fit for slavery 
nor for successful freedom. The premature ac- 
quisition of much more territory than our popu- 
lation want or can use, in any reasonable length 
of time, would be so managed as to induce a 
great increase of foreign emigration. This added 
to the mixed population belonging to those 
countries, would form a state of society, that 
could neither add to the safety, the prosperity 
nor the happiness of the present population of 
the Union. Such an extension of territory and 
the accumulation of such a population, would 
greatly weaken the bonds of the Union. While 
our system of government is capable by timely 
expansion of embracing a vast extent of territory, 



1C8 Life and Events. 



properly divided into States, having a homogen- 
eous and intelligent population, such an addi- 
tional mixture would make the people more 
likely to be carried away by the tempests of 
passion beyond the point of retreat, a dissolu- 
tion of the Union of the States. This result has 
always been regarded with the greatest terror 
by the wisest and best patriots our country has 
produced. It would certainly throw the States 
into chaos, and their struggles with each other 
and with monarchy and despotism from abroad, 
would in all human probability, be fatal to liberty 
and happiness forever. 

The premature acquisition of Mexico and Cen- 
tral America would be a great movement towards 
a dissolution of the Union. Such an extent of 
country, added to the Southern States, would 
give them such a field for slave labor, for a 
splendid Southern confederacy, as would soon 
cause them to endeavor to withdraw from the 
Union. However brilliant the prospect of two 
great separate Unions of free and slave States, 
there is the greatest danger that the pres- 
ent Union once dissolved, the States would be 
convulsed and blighted by perpetual strug- 
gles and civil wars. Such a result in com- 
parison with the present condition and prospects 
of the Union wisely conducted, is the most ter- 
rible that tlie wreck of earthly happiness and pros- 
pects could present. To avert this end on the one 
hand and to pursue the great mission of peace on 



Life and Events. 169 



the other, it should be the grand object of every 
American statesman and philanthropist, to aid in 
preserving and justly conducting the constitutional 
Union of the States. There is one feeling com- 
mon to every American patriot, that is, that our 
our system of government shall endure for and 
with our posterity forever. The thought of 
leaving them in all the miseries, calamities and 
crimes of destroying each other, is most revolting 
to the mind and agonizing to the heart of every 
philanthropist. 

The writer ventures to suggest as a remedy 
for the tendency of our government, to make 
further acquisitions of territory, the strict enforce- 
ment of the Monroe doctrine to the line of South 
America. This will secure Central America and 
Mexico to the Union when the people shall really 
need and can acquire them with safety. 

The following, written while the conduct of Com- 
modore Paulding, and the policy of the United 
States in reference to Central America was pend- 
ing before Congress, expresses the humble opinion 
of the writer on the important subject referred 
to by it : 

[For the Kentucky Statesman.] 
Lexington, Kentuchy, Feb. 1, 1858. 
" Hon, ***** 

Knowing you more intimately than any other 
member of Congress, I take the liberty of calling 
your attention very briefly to the late capture of 



170 Life and Events. 

Walker and his companions in Central America ; 
and the bringing of them by force to the United 
States. 

If the history of the government has estab- 
lished a solitary principle of liberty it is the 
right of expatriation. It is not only the great 
principle and fact of our government, but of 
civilization herself. 

The march of Moses ^^'ith his people under 
the command of the Almighty himself, is the first 
great instance of expatriation, or emigration 
from one country to take possession of another. 
Pharaoh denied this right and pursued them. 
Instead of the success he so confidently expected, 
the wrath of an ofi"ended Deity overwhelmed 
him and his hosts in the dark depths of the sea. 
The Israelites pursued their journey and made 
forcible conquest of the land of Canaan, and 
thus laid the foundation of all subsequent civili- 
zation and true religion. Passing over the many 
intervening instances, the next greatest instance 
of the kind is found in the history of our own 
country. The Pilgrim Fathers had to escape 
from the tyranny and pursuit of their op- 
pressing government. It is thus described by 
the great Webster in his discourse on the settle- 
ment of New England. 

At the present period, it seems incredible that 
the learned, accomplished, unassuming, and inof- 
fensive Robinson, should neither be tolerated in 
his peaceable mode of worship in his own coun- 



Life and Events. 171 



try, nor suffered quietly to depart from it. Yet 
such was the fact. He left his country by stealth 
that he might elsewhere enjoy those rights which 
ought to belong to men in all countries. The de- 
parture of the Pilgrims for Holland is deeply 
interesting, from its circumstances, and also as it 
marks the character of the times, independently 
of its connection with the names now incorpora- 
ted, with the history of empire. The embarka- 
tion was intended to be made in such a manner, 
that it might escape the notice of the govern- 
ment. Great pains had been taken to secure 
boats which should come undiscovered to the 
shore, and receive the fugitives; and frequent 
disappointments had been experienced in this 

respect. 

At length the appointed time came, bringing 
with it unusual severity of cold and rain. An 
unfrequented and barren heath, on the shores of 
Lincolnshire, was the selected spot, where the 
feet of the Pilgrims were to tread, for the last 
time, the land of their fathers. The vessel which 
was to receive them did not come until the next 
day, and in the meantime the little band was 
collected, and men and women and children and 
baggage were crowded together, in melancholy 
and distressed confusion. The sea was rough, 
and the women and children were already sick, 
from their passage down the river to the place 
of embarkation on the sea. At length the 
wished-for boat silently and fearfully approaches 



172 Life and Events. 



the shore, and men and women and children, 
shaking with fear and with cold, as many as 
the small vessel could bear, ventured off on 
a dangerous sea. Immediately the advance of 
horses is heard from behind, armed men appear, 
and those not yet embarked are seized, and taken 
into custody. 

Thus we see that their oppressors did not 
pursue them on the high seas, nor on foreign 
soil. 

It was, in the exercise of this right of emi- 
gration, that all the American colonies were 
established, and finally made independent States. 
Every American knows that our colonial fath- 
ers drove the Indians, by countless bloody con- 
flicts, still further and further from the At- 
lantic coast, and took from them the lands 
they occupied. It is well known to have been 
sanctioned by the great precedent of Moses 
and his people, directed by God himself; sanc- 
tioned by the practice of all subsequent peo- 
ples, and by every principle of morality and 
religion. Not that it is right to rob individuals 
or communities of their property ; but where a 
savage or degraded people are found in posses- 
sion of a country whose richness they spurn and 
abuse, that country may be rightfully taken, by 
force, if necessary, for all the high purposes of 
civilization and religion. The war of 1812, with 
England, grew out of the same question. The 
United States asserted the right of expatriation, 



Life and Events. 17i 



and denied Enj^-land's right to board our vessels 
at sea to search for subjects. It was in vindica- 
ting this position and principle that Henry Clay 
declared that ' the flag that floats at the mast 
bead is the credentials of American seamen.' Let 
us apply these great precedents to the case of 
Walker and the conduct of Commodore Pauldino;. 
Gen. Walker and his companions first went to 
Central America, as he states, under the coloniza- 
tion laws of that country, and became citizens 
there. He further states that he Avas afterwards 
elected President of that country ; that a revolu- 
tion reduced him to the situation of danirer from 
which he was relieved by the American vessel 
which brought him to this country. While here he 
proposed to return to his adopted country, and in- 
vited emigrants to go with him. No one can deny 
his right to do so, whether a citizen of the United 
States or not. No one can deny the right of our 
citizens to go with him to that or any other country. 
No one can deny their right to carry arms and 
munitions, whether for defence or agression, provi- 
ded they do not form themselves into a military 
organization in the United States. Our govern- 
ment has nothing to do with their intentions, unless 
they commit the overt acts of organizing into an 
army or expedition, as forbidden by our laws. If 
they did that, they were subject to arrest and pun- 
ishment. To arrest on our own soil, or within our 
own jurisdiction ; within the marine league of our 
own shores, or on our own vessels at sea. The 



174 Life and Events. 



law and offense being local, the right to arrest 
or punish is likewise local. 

The jurisdiction of a government is of right, 
and must be confined to her own territories, and 
to her own vessels at sea. 

The rights of persons on foreign soil at 
]3eace with us, have always been held sacred. 
Even the traitor Arnold who betrayed and tried 
to destroy the liberties of his country, was secure 
on foreign soil. And who does not know, that 
even the worst of criminals against foreign laws 
are secure on our vessels, under our flag at sea, 
and on our soil. 

If Walker and his men violated our laws they 
ought to have been arrested while in the juris- 
diction of our laws and tried for the offense. 
But I believe we may safely refer to a similar 
case in some points of law, and in policy. 
In 1793, it was rumored that Jay, who Avas 
regarded as hostile to the West, was to be 
sent as minister to England, and that the nav- 
igation of the Mississippi River, was to be 
abandoned by our government. Under these cir- 
cumstances a strong military force was being 
organized in Kentucky to be commanded by 
Gen. George Rogers Clark, it was said, to make 
conquest of the lower Mississippi. In November, 
1793, the Governor received a second communi- 
cation from the President, most earnestly urging 
him to suppress the expedition. In reply to 
this order the dauntless patriot declined to use 



Life and Events. 175 



force 'against men Avhom I consider' says he 
' as friends and brethren in favor of a man whom 
I view as an enemy. I shall feel but little in- 
clination to take an active part in punishing or 
restraining my fellow citizens for supposed inten- 
tions only, to gratify or remove the fears of the 
minister of a Prince who openly withholds from 
us a most invaluable right.' Again, under the 
administration of Jefferson, Miranda fitted out an 
expedition in this country, and sailed to Caracas 
for the purpose of revolution. Mr. Jefferson gives 
the following account of it himself: ' He informed 
lis he was about to attempt the liberation of his 
native country from bondage, and intimated a 
hope of our aid or connivance at least. He was 
at once informed that, although we had great 
cause of complaint against Spain, and even of 
war, yet whenever we should think proper to act 
as her enemy, it should be openly and above 
board, and that our hostility should never be 
exercised by such petty means. We had no sus- 
picion that he expected to engage men here, but 
merely to purchase military stores. Against this 
there was no law, nor consequently any authority 
for us to interpose obstacles.' Although his 
measures were many days in preparation in New 
York, we never had the least intimation or sus- 
picion of his engaging men in his enterprise 
until he was gone; until it was too late for any 
measures to be taken at Washington to prevent 
their departure. The officer in the customs 



176 Life and Events. 



who participated in this transaction with Miranda 
we immediately removed, and shoidd have had 
him and others further punished had it not been 
for the protection given them by private citizens 
at New York.' 

We here see that notwithstanding!; the indigna- 
tion of Jefferson against his officers for enabling 
Miranda to escape, yet he never dreamed of 
pursuing the expedition on the high seas or on 
foreign soil. 

While history has thus established the practice 
of nations it is certainly the policy of this coun- 
try not to violate these great principles when 
that violation will produce great injury to our 
own country. Central America is the most im- 
portant natural point with reference to the 
greatest commerce of the globe. 

England and France, especially England, have 
their eyes on that country. We have only to 
recall the fact that the great Russian war saved 
us from a threatened conflict with the allies in 
the Gulf. When they shall have sufficiently re- 
covered their resources they will be likely to revive 
and execute the then threatened invasion. They 
want that country for the commercial advantages it 
would give them. We do not want the country, 
but our people will never permit them to have it. 
It is more desirable to us that it should be set- 
tled and governed by Americans of our own kin- 
dred and language, whose preference for us would 
not permit them to discriminate agatinst us. If 



Life and Events. 177 



there he a difference it is much more important 
to the North-east, than to any other portion of 
the Union for that country to become settled by 
Americans. The South ah-eady have as much 
territory as they want or can manage, and can 
not be profited by encouraging competition in 
their own peculiar productions. The North-east 
are a manufacturing and commercial people and 
being much nearer to the East Indies through 
that route, will have vastly the advantage in 
that great trade, if they have equal privileges of 
transit. France and England know this and 
will endeavor to get superior rights there to over- 
balance our nearer position. We had better there- 
fore let our people emigrate to and govern the 
country, than to give it up to influences that 
will finally place it under the control of England 
and France, and thus be compelled to wrest it 
froiii them by war. 

Your obedient servant, 

Leighton." 

When we consider the rapid increase of our 
country, we know that the time will soon arrive, 
when it will contain a great population. Eighty. 
five years ago, they numbered less than three 
millions of people. They now number twenty- 
eight millions — more than nine times the num- 
ber on Independence Day. At the expiration 
of a century from Independence, the States 
will probably contain forty millions of people ; 



12 



178 Life and Events. 



fourteen times their number in the beginning 
of their great struggle for freedom. If the 
increase of the second century shall only be 
four times the number at the time of its 
beginning, instead of fourteen timics, as in the 
first century, then at the expiration of the 
second century, the population of the Union 
will be one hundred and sixty millions, and the 
government will yet be, or rather ought to be, 
in her infancy. That our population will reach 
this number at the end of the second century 
without any additional inducem'ents to foreign 
emigration, and without the acquisition of a fixed 
population with the soil, there can be no reason- 
able doubt. These great facts are worthy of 
being considered, and must be considered by 
the people, in order to secure the safety, and 
promote the permanent good of their country. 
We can not shut our eyes upon the fut^ire. 
While in the prime of manhood it is the duty 
of the parent, to educate and provide for his 
children. It is likewise the duty of the citizen 
to act in such a manner, in reference to the 
great measures of his country, as will secure 
the rights and promote the prosperity and hap- 
piness of his family, his neighbors, and his 
country ; not only for the present, but for all 
time to come. Considering the perfect security 
of our country from foreign invasion so long as 
they remain united themselves, considering the 
causes most likely to continue that Union, and 



Life and Events. 179 



at the same time the prosperity and happiness 
of the people, looking to their increasing numbers, 
the consequent diminution of cheap lands, and the 
competition of every description of labor, looking 
at the great facts and philosophy of history, that 
as a country grows old, it generally grows corrupt, 
that a dense population struggling for bread, is 
not a happy state of society, that such a popula- 
tion, composed of mixed colors, races, languages 
and interests, — can not long remain free, happy 
and united, these dangerous tendencies of our 
ago and country, ought, by all means, now to be 
checked, and controlled through all future time. 
Should foreign emigration ever become a bur- 
then to the people of the Union, their sense of 
danger, their love for their children and the law 
of self-preservation, will certainly rouse them, 
and cause them to regulate or prevent it. In 
the days of the Colonies, and the early days 
of the present government, it was a question of 
very different circumstances. Then, here was a 
Continent to subdue and bring into cultivation, 
with comparatively few to accomplish the object ; 
now, the independence and security of our people 
having been established, our population and gov- 
ernment having taken position Avith the great 
powers of the earth, the question is and Avill 
be, how can we best preserve our system of gov- 
ernment, and promote the welfare and happiness 
of the country. In pursuit of these objects, 
those who have come from abroad and those who 



180 Life and Events. 



may hereafter become residents of the country, 
have a like interest with the native citizens ; 
the welfare of themselves, their families and 
their country. 

In addition to these views separately con- 
sidered, they connect themselves with a kindred 
subject. The greater the number, mixture and 
extent of population, the greater the danger to 
the Union from that fearful question, the sub- 
ject of slavery. This is the great question of 
danger to the peace and perpetuity of the 
Union. Whether African slavery will ever be 
abolished in the States, or in any of them, is 
not a question to be here considered. But it 
may be observed without going farther into 
that branch of the subject, that this as all 
other great radical changes in society, can only 
be affected in one of two Avays ; by the peaceful, 
constitutional action of the States containg it, 
or by revolution and war. As none but mad- 
men contend for the latter, the question ought 
to be left with the former method. In view 
therefore of the peace and welfare of the coun- 
try — in view of the great mission and destiny 
of our country, let us briefly review the history of 

THE INSTITUTION OF SLAVERY ; AND 

The decision of the Supreme Court of the United 
States in the case of Dred Scott. 
Since the union of the States, no question 
has produced so much excitement among our 



Life and Events. 181 



people, or threatened so seriously a disolution 
of the Union as the attacks through Congress 
upon African slavery as it exists in the Union. 
The question whether or not Congress, has the 
constitutional right or power to prohibit slavery 
in the Territories belonging to the Union, is 
the one out of which the excitement has chiefly 
grown, but it has also included the fugitive slave 
law and the importation of slaves from one State 
to another, where slavery exists. 

The Congress and the Supreme Court of the 
United States, assisted by all the accumulated 
light and experience on the subject, have re- 
cently decided the main question, but there 
is a political party in the country of great 
power and extent still attempting to get control 
of the government and overthrow that decision. 
Inasmuch as the success of that attempt would 
almost certainly result in a disolution of the 
Union, and one of the greatest and most dis- 
astrous of wars, every citizen who will throw a 
new ray of light upon the subject, or excite a 
glow of patriotic emotion, will render important 
service to his country, and the great causes of 
republican liberty. 

In making this effort, he must eradicate from 
his mind every motive but those springing from 
an honest search for truth, united with the 
high objects and pursuits of his country. 

In order to ascertain the power of the Con- 
gress of the United States or of the Supreme 



182 Life and Events. 



Court upon any question of reasonable contro- 
versy, it is necessary to trace the history of 
that Constitution under which the power is 
claimed. 

In order to understand what the law is, it 
is necessary to know what the law was, is a 
maxim founded in the clearest truth and com- 
mon sense. So also to understand the nature, 
extent, bearing or effect of any of the great 
institutions of man or facts of history, we must 
trace that institution from its origin to the 
present time. In order to understand the na- 
ture and extent of a government or of any 
law under it, we must understand the condition 
and language of society when the government 
was formed, and the facts to which the law 
was made to appply. Let us therefore briefly 
glance, unpleasant as is the thought of such a 
necessity, at the history of human slavery, 
tracing it from its known origin down to the 
period when our system of government was 
formed. While our examination of it must be 
very brief, it must embrace all the great facts 
and laws affecting the subject. This course and 
this only, will enable us to discover the actual 
condition of society, the state of case then 
existing, the objects our fathers had in view, 
and the meaning of the language used by them 
when they united the colonies as independent 
States, and formed the governments under which 
we live. 



Life and Events. 183 



We learn from holy writ that our first parents 
were created pure, but were seduced to fall from 
tlieir high estate. Their first born were created 
equal ; but the one found greater favor with his 
creator ; the other became his murderer, and lost 
his equality forever. After this, the wickedness 
of man became so great that his Creator swept 
him from the earth, saving only the family of a 
just and obedient man. When the descendants 
of Noah had multiplied into great nations of the 
earth, God permitted his chosen people, his 
select children of Israel, to be enslaved for four 
hundred years. When they had multiplied to 
the number of a million of people, He led them, 
by his oracle, their great chief, Moses, from 
slavery into a land of plenty and of freedom. 
While on this great journey He appeared to 
them and delivered to them through Moses, 
a code of laws for their government. Imme- 
diately after he had delivered the ten com- 
mandments to Moses, "all the people saw the 
thunderings, and the lightning and the noise 
of the trumpet and the mountain smoking; and 
when the people saw it they stood afar off," 
* * * " and Moses said unto the people, fear 
not, for God has come to prove you and that 
his fear may be before you that ye sin not 
>;-, >!: t. u ^^^ the Lord said unto Moses thou 
shalt say unto the children of Israel" '^ * " now 
these are the judgments which thou shalt set 
before them" ''' * " If thou buy a Hebrew servant 



184 Life and Events. 



six years he shall serve, and in the seventh he 
shall go out free for nothing." "If he were 
married, then his wife shall go out with him." 

* * "If his master have given him a wife, and 
she have home him sons and daughters, the wife 
and the children shall be her master's, and he 
shall go out by himself. And if he shall plainly 
say, I love my master, my wife and my children, 
I will not go out from them, then his master 
shall bring him unto the judges ; he shall also 
bring him to the door or unto the door post, 
and his master shall bore his ear with an awl, 
and he shall serve him forever." (1) The Almighty 
spoke again to Moses in Mount Sinai : " Speak 
unto the children of Israel and say unto them 
when ye come into the land which I give you, 
then shall the land keep a sabbath unto the 
Lord" * * * "and ye shall hallow the fiftieth 
year and proclaim liberty throughout all the 
land unto all the inhabitants thereof; it shall be 
a jubilee unto you and ye shall return every man 
to his family. A jubilee that fiftieth year be 
unto you. Ye shall not sow, neither shall ye 
reap that which groweth of itself in it, nor 
gather the grapes in it of thy vine undressed." 

* ^ " I am the Lord your God which brought 
you out of the land of Egypt, to give you the 
land of Canaan and to be your God. And if 
thy brother that dwelleth by thee waxen poor 

(1) 20 and 21 ch. Exodus. 



Life and Events. 185 



and be sold unto thee, thou shalt not compel him 
to serve as a bond-servant, but as a sojourner 
be shall be with thee and shall serve thee unto 
the year of jubilee and then he shall depart 
from thee, both he and his children with him, 
and shall return unto his own family, unto the 
possession of his family shall he return: For 
they are my servants which I brought forth out 
of the land of Egypt. They shall not be sold 
as bondmen. Thou shalt not rule over them 
with rigor, but shalt fear thy God: Both thy 
bond-men and thy bond-maids which thou shalt 
have, shall be of the heathen which are round 
about thee ; of them shall ye buy and of their 
families which they begat in your land; and 
they shall be your possession ; and ye shall take 
them as an inheritance for your children forever, 
but over your brother, the children of Israel, 
ye shall not rule one over another with rigour." 
Could language or intention be plainer ? Here 
is defined a code of laws for a chosen people who 
are treated as equals respecting each other, but 
superior to the heathen and stranger to whom 
more rigorous laws are applied. While the gen- 
eral law is that of equality and freedom, yet 
the exception is as clearly set forth and applied, 
no doubt to the physical as well as the moral 
and religious difference in the persons to whom 
they were applied by the Creator himself. These 
laws, spoken by the great Jehovah himself, none 
but fanatics can to question their wisdom or 



186 Life and Events. 

justice. Thej remained many centuries the laws 
of God directly to man, and still remain so 
unless they have been repealed. 

As the Father of all, He spoke to his chosen 
children ; he gave in person the ten command- 
ments and the other laws for their government, 
so likewise his only Son, the Saviour of his 
people delivered in person his great sermon 
on the Mount to the descendants of those 
children. 

The sermon on the Mount stands in its perfec- 
tion as high above the efiorts or laws of man, as 
the speaker was above his hearers. That sermon 
and the other truths, proclaimed by him, contained 
all the great laws for His government of the 
world. So far as the old laws were incompati- 
ble with them, they were repealed; but the 
Saviour did not anywhere forbid or repeal 
the institution of slavery. Although under the 
Mosaic law and throughout the world slavery had 
existed in great severity and extent — millions had 
been and were then in cruel slavery — the Saviour 
did not forbid or repeal its laws: Although, as 
is recorded by the great historian Bancroft, 
" Slavery and the slave trade were older than 
the records of human society, and pervaded 
every nation of civilized antiquity" — although 
" the light that broke from Mount Sinai scatter- 
ed the corrupting illusions of Polytheism, slavery 
planted itself even in the promise land on the 
banks of the Slloa, near the oracles of God;" 



Life and Events. 187 



althongh the tragical fate of the beautiful Vir- 
ginia, is an instance and an index to slavery under 
the Roman law— and there " the father could sell 
his children, the creditor his insolvent debtor, 
the warrior his captive,— there the influence of 
slavery was carried into the condition of every 
contract, into the heart of every unhappy land 
that was invaded by the Roman eagle ;" and " the 
slava markets of Rome were filled with slaves 
of every complexion and from every clime," yet 
the Saviour did not forbid or repeal, but recog- 
nized the institution of slavery. In delivering his 
great sermon on the Mount " Ho taught as one 
having authority." "And when he was come 
down from the Mount great multitudes followed 
hira," S and when he was entered into Capernaum 
there came unto him a centurion beseeching him 
and saying," "Lord my servant lyeth at home 
sick of the palsey, grievously tormented:" " And 
Jesus saith unto him," "I will come and heal 
him." " The centurion answered and said," " Lord 
I am not worthy that thou shouldst come under 
my roof; but speak the word only and my 
servant shall be healed." " He said to them that 
followed," " verily I say I have not found so great 
faith in Israel." He said to the centurion "go 
thy way, and as thou believed so be it unto 
thee; and his servant was healed the self same 
hour.'" (2) The centurion was a Roman officer. 



188 Life and Events. 



He was not one of the children of Israel. His 
servant was one of the bondmen of the Mosaic 
law, a slave under the Roman law. The Saviour 
forbid and denounced all sins that he disapproved 
of, and while he commanded repentance, meek- 
ness, charity, brotherly love and justice, yet he 
did not directly interfere with any of the laws of 
man. His disciple, Peter, also taught : " servants 
be subject to your master's with all fear." For this 
is thank-worthy if man for conscience toward 
God endure grief, suffering wrongfully; for 
what glory is it, if when ye be buffetted for 
your faults ye shall not take it patiently ; but 
when ye do well and suffei for it, ye take it 
patiently, this is acceptable with God." 

The Saviour came not to make governments or 
kingdoms for men. His kingdom was not of the 
world. He left those duties with man, leaving 
at the same time his pure and holy precepts — 
His mission of love, charity and salvation to 
every class and condition of men. 

Thus, notwithstanding His mission was ful- 
filled in the Roman Empire, slavery continued, 
unforbidden by him, throughout her dominions, 
until she was overthrown by northern barbarians 
and ceased to exist as one of the powers of the 
earth. But her overthrow was not the overthrow 
of slavery. The conquering tides that swept 
over her vast domains, continued slavery and 
the slave trade. From the Baltic to the Medi- 
terranean across the entire continent, including 



Life and Events. 189 



all western Europe to the Atlantic coast, so also 
throughout Palestine and portions of Asia and 
Africa, slavery and the slave trade were continued 
to a great extent and in a most oppressive form. 
Through those dark and desolating centuries Avhen 
the christian world was struggling to wrest the 
holy land from infidel hands, "in the camp of the 
leader whose pious arms redeemed the sepulchre of 
Christ from the mixed nations of Asia and Lydia, 
the price of a horse was three slaves." Through 
those long and bloody wars between the Chris- 
tians and Moors, that convulsed western Europe 
for seven centuries, slavery was, on either side, 
the doom of the captive, and millions suffered 
the penalty in its severest forms. The final 
victory of the Christians drove the Moors to 
the northern coast of Africa where they contin- 
ued not only to retaliate upon their Christian 
enemies, but began to deal in the natives of 
Africa who had been subject to slavery from 
immemorial time. 

The African race had always held possession 
of a rich quarter of the globe ; a vast popula- 
tion, they had always been divided into petty 
kingdoms and tribes ; without civilization and 
the christian religion, they had no fixed laws 
of justice, no governments but those of force 
directed by the will of savage kings. The 
warmth of their climate, the richness of their 
soil and its spontaneous productions, rendered 
necessary very little labor to sustain their 



190 Life and Events. 



swarms of people. Their chief employment 
was war ; kingdoms against kingdoms ; tribes 
against tribes ; brothers against brothers. — 
Prisoners, according to their law had forfeited 
their lives. They were either put to death in a 
cruel manner, or lived as slaves at the will of 
their barbarous masters. Thus African slaves 
were carried to modern, as they had been to 
ancient Europe. The traffic was established half 
a century before Columbus discovered the Amer- 
ican Continent. And, although the influence of 
the christian religion, the revival of education, 
the cultivation of the arts and sciences, the 
general diffusion of intelligence among, and the 
great increase of population, have, to a great 
extent, dispelled the darkness of the middle ages, 
reconstructed the governments of Europe, and 
emancipated her people from slavery ; yet, the 
^frican slave trade has been continued to the 
new continent from its early settlement to 
the present time. Until a recent period, this 
trade was not only sanctioned by the great 
powers of Europe, but, for a considerable time, 
it was forced upon the North American colonies 
by the kingdom of Great Britain herself. When 
the Spaniards colonized the West India Islands, 
they reduced the natives to slavery, and by 
a cruel oppression destroyed, in a few years, 
millions of Indians. The benevolent Las Casas, 
moved by a desire to save the remainder of that 
suffering race, proposed to substitute slaves from 



Life and Events. 191 



Africa. Touched by his appeals, Charles the 
Fifth granted a license to one of his courtiers 
to import four thousand negroes to the Islands. 
This is tlie origin of slavery in America, nearly 
a century before the colony of Virginia. Slaves 
were brought into that colony by a man-of-war 
in 1820. As the other colonies grew up, it spread 
through them all. The importation of slaves was 
for more than a century almost solely the work 
of the English. As early as the days of William 
and ^lar}", the Commons declared tor the traffic ; 
the statutes of the kingdom soon after sanctioned 
and justified it ; Queen Anne boasted to her par- 
liament of having secured to her subjects a new 
market for slaves in Spanish America ; under 
George the Second, the parliament established 
African forts ; and as late as 1750 a member of 
the House of Lords stated that " six and forty 
thousand" slaves Avere sold every year to the 
English plantations alone. 

Virginia first checked the importation of slaves 
by a tax, but the influence of the African com- 
pany procured a repeal of the law. Thus the 
English continued the trade until it was taken 
from them by their more daring American com- 
petitors. While the people of the colonies must 
have disapproved the capture and importation of 
slaves, it was no sin for them to purchase tlicm. 
Having been made slaves in their native land 
some of them were brought to our colonies. 
The Spanirads had made conquest not only of 



192 Life and Events. 



the West India Islands, but of Central America, 
Peru, and Mexico. Having destroyed millions 
of Indians in slavery, they were carrying the 
Africans to their colonies. It was far better 
then for the African slave to be purchased and 
held by the humane citizens of our colonies, 
than to have been doomed to the cruel slavery of 
the Spaniards. While, therefore, the govern- 
ments and traders that established the business 
of capturing and importing slaves may deserve 
to be censured, the conduct of our citizens who 
purchased and treated them kindly, is not only 
free from just censure, but far above the reach of 
slander. 

The slaves imported to, and purchased in the 
colonies, were held as property under the laws 
and usages of all the colonies. The carrying of 
slaves fcom one colony to another, and selling 
them there, always existed among the colonies. 
Before the Revolution, the people of the colonies 
were dependent, to some extent, upon the 
British government, and acknowledged allegiance 
to her King ; but their relation to each other 
was that of equal and separate communities. In 
all the colonies, and throughout their territories, 
slaves were held as property, were bought and 
sold, were liable to the laws of descent, of debt, 
and of capture wheresoever they escaped. 

Thus, from its first introduction, slavery grew 
up with American institutions, become a part of 
American civilization, and the common law of 



Life and Events. 193 



America. It was thus sanctioned and maintained 
by the statutes, the courts, and the colonies, 
when they were united by their Declaration of 
Independence. That Declaration did not repeal 
or impair any law or custom affecting African 
slavery. 

It is contended that it proclaimed certain great 
self-evident truths, and natural rights, directly 
at war. with the institution of slavery ; " that all 
men are created equal, that they are endowed 
by their Creator with certain inalienable rights ; 
that among these are life, liberty, and the pursuit 
of happiness." It is evident from the language, 
" all men," that the author and signers of the 
Declaration intended to express truths and prin- 
ciples of justice belonging in all ages of the 
world, to every people capable of understanding 
and reducing them to practice. 

The signers of the Declaration had no power 
to construct a constitution for the internal govern- 
ment of the colonies. Their objects and powers 
were both limited to a declaration of independ- 
ence, and the assertion of those great truths 
from which the colonies derived their right of 
independence as the equals of their British op- 
pressors. While those truths have been adopted 
as the basis of our system of government, 
as they should be of every one, yet they 
can not be of universal application, either in 
point of time, place or to persons. The history 
of the world proves them to have been applica- 



13 



194 Life and Events. 



ble to those commuiiities only, who are able to 
receive and carry them into practice. The Holy 
Scriptures contain the purest principles of conduct 
and promise salvation equally to all who obey them, 
they also declare that God is equally just towards 
all, yet they do recognize that inequality of men, 
which they have brought upon themselves and 
their children. While, likewise, the author and 
signers of the Declaration of Independence pro- 
claimed the great general political truth, that 
all men are created with certain equal, inaliena- 
ble rights, among which are life and liberty, yet 
they neither had the power nor the intention 
thereby to liberate the imprisoned or the en- 
slaved. They intended to, as they did, lay down 
certain great general principles, having excep- 
tions, which they proved themselves by retaining 
prisoners lawfully confined, and by holding slaves 
according to the laws and usages of the colonies. 
They did not in the Declaration refer to or 
include the African in America as having any 
political rights whatever. While they denounced 
the British for having incited insurrection among 
their people, refering in this instance alone to 
the African race, they did not in the remotest 
degree apply those truths and rights of liberty 
to the African race in America. Their conduct, 
corresponding as it did with this interpretation 
of their intentions, is the most conclusive proof 
of its correctness. 



CHAPTER VII. 

The next Union of the States was by virtue of 
their Articles of Confederation. 

Article 1st provides "that the style of this 
Confederation shall be the United States of 
America." 

By Article 2d, "each State retains its sove- 
reignty, freedom and independence, and every 
power, jurisdiction or right which is not by this 
confederation expressly delegated to the United 
States in Congress assembled." 

There was no power, nor the slightest sem- 
blance of power, delegated to Congress to prohibit 
slavery any where, or to impair the rights of 
individuals to their slaves, or restrict the full 
sovereignty of the States over the subject. It 
remained as before throughout the States and 
Territories and no one then questioned this 
universal understanding and practice of the peo- 
ple of the States. The States continued this 
confederacy until they superceded the articles 
by adopting the Constitution of the United 
States. 

The preamble of the Constitution declares it to 
be the Constitution of the i^eople of the United 
States ; and the first article provides that " all 
legislative powers herein granted shall be vested 
in a Congress of the United States, which shall 



196 Life and Events. 



consist of a Senate and House of Representa- 
tives." It then goes on to express all the powers 
it does vest in and delegate to Congress. After 
enumerating those powers, it provides that " the 
enumeration in the Constitution of certain rights, 
shall not be construed to deny or disparage 
others retained by the people." 

Thus, the history and provisions of the Consti- 
tution confine the powers of Congress to those 
expressly enumerated in the Constitution, and such 
as are " necessary and proper" for carrying them 
into execution. 

One of the highest rights of the citizen is the 
right of property. It has always been classed 
with life and liberty, because it proceeds from 
them, and continually re-supplies them, the source 
of its own existence, with food necessary to theirs. 
The life-blood that courses the veins, giving power 
to the body and mind, the motion that executes 
the will in pursuit of food, are the elements of 
the life, liberty and property that constitute every 
individual and political existence. They are so 
intimately connected with and dependent upon 
each other, that the one can not be injured with- 
out producing a corresponding effect upon the 
other. As in tbe one case it is sometimes neces- 
sary to take a part of the blood, to regulate the 
exercise of the body and the use of food, in 
order to preserve life and health ; so it is like- 
wise sometimes necessary to take individual life, 
liberty and property, to preserve the life and 



Life and Events. 197 



health of society. But this can never rightfully 
be done, except by the highest sovereign power, 
under the necessity of taking a part to preserve 
the remainder. The great object of government 
is the preservation, not the destruction or invasion 
of life, liberty and property. It is a fact as clear 
as the sun in heaven, that when the Constitution 
of the United States was formed, African slaves 
were ' held as individual property throughout the 
States and their territories, excepting in one of 
each ; that the liberty the Constitution was made 
to preserve, was not the liberty of the slave ; 
that the Constitution was made with reference to 
and in full knowledge of slavery ; and if it had not 
contained a word respecting slavery, it would have 
remained with the people among the States as 
before. 

The Constitution of the United States did and 
does, not only recognize slavery as lawful property, 
but it commands Congress to include three-fifths 
of the slaves in making Congressional apportion- 
ments, and it guarantees the rights of individuals to 
all their property. That clause of the Constitution 
which provides that " the migration or impor- 
tation of such persons, as any of the States now 
existing shall think proper to admit, shall not be 
prohibited by Congress prior to the year one 
thousand eight hundred and eight," has always 
been known and acted upon as referring to the 
slave trade from abroad, whereby the Constitution 
sanctioned the importation of slaves to be held 



198 Life and Events. 



as property. So also that portion of the second 
section of the fourth article of the Constitution, 
"which declares, that no person held to service 
or lahor in one State under the laws thereof, 
escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from 
such service or labor, but shall be delivered upon 
claim of the party to whom such service or labor 
may be due," has always been known and acted 
upon as referring to slaves as property. The 
power, therefore, to prohibit slavery, or any other 
description of property, must be one of the great 
powers of original or primary sovereignty which 
could only exist in a State, or in the Congress of 
the United States, by virtue of a clearly expressed 
delegation of power from the people. There is 
nowhere to be found in the Constitution of the 
United States any such delegation of power. 
The only clause from which, prima facie, such 
power might be claimed for Congress over the 
Territories, with any semblance of reason, is 
the one which declares, " the Congress shall 
have power to dispose of and make all needful 
rules and regulations, respecting the Territories 
or other property belonging to the United States." 
But when taken in connection with the history, 
and other provisions of that Constitution, it is 
clear that it was not intended to, and does 
not, confer such power upon Congress. It is 
expressly confined in its application to property 
belon";ino; to the United States, and does not 



Life and Events.] 199 



reach so far as to take hold of the property of 
the citizen. It places the Territory on precisely 
the same footing with other property, whether 
it be in the States or Territories. Congress 
may, under this clause, pass laws or rules and 
regulations to govern her Custom House or Navy 
Yard at New Orleans, yet no intelligent citizen 
will contend that she can prohibit the officers 
of . government therein employed from holding 
slaves at their residences. The power of Con- 
gress is expressly confined to the "territory or 
other property," belonging to the United States, 
and does not include the property of a person 
who may hidd an office, buy land of, or live in 
the Territory, under the government of the 
United States. 

It is contended that, under this provision. 
Congress has unlimited sovereignty over the 
Territories, unless expressly prohibited or limited 
by other provisions of the Constitution. This 
seems to have been the idea of the Supreme 
Court of the United States, Avhen they declared, 
that, " In legislating for the Territories, Congress 
exercises the cojnhined powers of the General and 
State Governments." This is a self-evident absur- 
dity, and must be considered simply as an unguard- 
ed expression. The idea of Congress exercising 
the combined powers of State and General Gov- 
ernment ! There is not a lawyer in America, who 
does not know, after a moment's reflection, that 
the legislative powers of the States and of the 



200 Life and Events. 



National Government, are perfectly separate and 
distinct, even v^lien concurrent, in all things and 
all cases. Tliey derive their powers from different 
constitutions, and are as several in their acts and 
powers as the different acts of the several States. 
The Constitution expressly gives Congress legis- 
lative power over the territories, and gives it to 
Congress alone, as a sole and single power, so 
far as it goes, as the Congress and as one of the 
co-ordinate branches of the government of the 
United States, not in combination with the power 
of a State ; yet it does not give Congress un- 
limited power. It might be safely said that the 
power given by the Constitution to Congress, 
over the Territories is in the nature of, or similar 
to, the power possessed by the States within 
their limits ; but to say that it is a combination 
of the powers of " the General and State gov- 
ernment," is an almost inexcusable inadvert'ance. 
It is from this greatest of errors that its next 
in sequence follows, to wit : That as the sole 
and unlimited sovereign, she may pass all laws 
that she may deem needful for the Territories. 
So she may for the Territories as property belong- 
ing to the Union, but not for the people — not 
for those to whom she sells her land, and whom 
she invites from all the States to live in the 
territories. They have many reserved rights of 
persons and property, that Congress can not 
invade, although as unlimited in regard to them 
as the right in question. What is the sovereign 



Life and Events. 201 



power of a government? We understand it to 
be that power, to make and execute laws, which 
belongs to the citizens of a State or government. 
Thus, the citizens are the original sovereigns, and 
their officers possess so much power only as is 
granted by the sovereigns in their Constitution. 
So far as the grant extends, so far the officers 
may go; no farther. While this is true^ in 
pliilosophy, it is pre-eminently the great idea 
and principle of the government of the United 
States. In the States, as single and original 
sovereigns, the citizens have generally conferred 
all legislative power not prohibited by their Con- 
stitutfon; but the reverse of this rule is found 
at the very threshhold, and pervades every depart- 
ment of the government of the United States. 
Silence in, the Constitution gives no consent to 
the claim of power by Congress. Such a position 
points only towards despotism. Where does the 
member of Congress from Texas get his right to 
vote on a measure affecting the destiny of the 
citizens of Main, or of any of the distant Ter- 
ritories of the Union ? Is it from silence ? From 
no provision in the Constitution ? Or is it irom mu- 
tual delegation of power for mutual protection and 
benefit ? The history and provisions of the Consti- 
tution, the great principle that pervades every part 
of it, the rights and liberties of the people, and 
the continued union of the States, all answer, 
from the latter ! Thus, if there were no limita- 
tions to the power of Congress, but the very 



202 Life and Events. 



nature of the clause under which the power 
is claimed, still Congress could not, under that 
clause, prohibit the people of any portion of the 
United States from holding any kind of property 
which existed, and wherever it existed, when the 
Constitution was adopted. We have already 
shown that the people of the colonies and States 
possessed and reserved the right of holding their 
slaves as property, of carrying them into any 
of the States or Territories for sale or use, 
unless expressly prohibited by the State ; and 
the right of recovering their slaves: "That this 
was the law and usage of all the States and 
Territories, when the Constitution was adopted : 
That the Constitution not only recognized it to 
be law and fact, but expressly sanctioned and 
guaranteed all these rights to the people. It 
not only sanctions their existence affirmatively, 
but commands Congress to legislate upon these 
rights ; to provide for the recovery of slaves 
as property, to permit its increase by restraining 
Congress from prohibiting the importation of 
slave property prior to 1808. The Constitution 
also limits the power of Congress by providing 
that no person shall be deprived of his property 
without due process of law, and that private 
property shall not be taken for public use with- 
out rendering just compensation for the same. 
These provisions were not only made with refer- 
ence to the existence of slavery as property in 
the existing States and Territories. They are 



Life and Events. 203 



all jointly and severally express limitations upon 
the power of Congress over the people of the 
territories, because they apply directly to the 
subject, and to Congress co-extensively with her 
legislative action. 

In conclusion, and in proof of the correctness 
of this view of this portion of the question, we 
ao-ain appeal to the Constitution itself: 

*'A11 legislative powers herein granted shall 
consist of a Senate and House of Representa- 
tives." " The enumeration in the constitution of 
certain rights shall not be construed to disparage 
others retained by the people." "The powers 
not delegated to the United States by the Con- 
stitution, nor prohibited by it the States, are 
reserved to the States respectively, or to the 
people." 

It is also contended that the clause of the 
Constitution which gives Congress the power to 
admit new States, carries with it the power to 
prepare the Territory, by all such laws as Con- 
gress may judge needful, for her admission as 
a State. The answer to this is very brief. We 
all know that Congress has no power to make 
a State Constitution, nor can she admit a State 
without a Constitution. The people of the Ter- 
ritories must make their own Constitution, and 
if that Constitution be republican, although it 
may permit slavery, the State must be admitted 
on an equality with the other States. If, before 
or at the time of the formation of such State 



204 Life and Events. 



Constitution, Congress prohibit slavery, or any 
other kind of property existing when the Con- 
stitution was made, and still exists in any of 
the States, thit is a violation of one of the vital 
rights of republican equality with the States. If 
a State come into the Union, thus shorn of her 
sovereign equality with the other States, thus 
under Congressional duress, it is a violation of 
that equality of the States which is one of the 
foundations of our system. 

If Congress has the right to prohibit slave 
property in the Territories, she has the same 
right to prohibit any other kind of property, 
wherever it may be, within the jurisdiction 
of the Union. The Constitution declares that 
" private property shall not be taken for public 
use without just compensation." Congress cer- 
tainly has no power under this clause to purchase 
or forfeit slaves for the public use of either 
holding or emancipating them. The " public 
use" contemplated by the Constitution, is for 
carrying on the business of government in its 
legitimate sphere of action. This certainly does 
not extend so far as to enable the government 
to become a great slave holder or emancipator. 
She must hold before she can emancipate ; and 
if the power to purchase and hold slaves exists 
at all, it is without limit — she can hold at dis- 
cretion. The greatest- pro-slavery propagandist 
in the South does not claim for the government 
of the United States such a power. 



Life and Events. 205 



The treaty making power of this government 
may acquire territory. It is contended that 
the power to acquire, necessarily carries with it 
the power to preserve ; that the power to preserve 
being unrestricted, the treaty may prohibit slavery, 
and the government must execute the treaty ; or 
if the treaty makes no provision, the Congress 
may decide Avhat laws are best calculated to pre- 
serve ; that she may prohibit slavery as being 
"necessary and proper" to preserve the territory 
or to carry out the treaty. 

This position is clearly untenable. In the 
first place, it confounds the different departments 
and powers of the government. The President 
and Senate constitute the treaty making power. 
They may acquire territory by treaty, but when 
acquired, they can not legislate over it. Their 
power ends when the acquisition is made, and 
there the poAver of Congress begins. When ac- 
quired, the territory must be governed by the 
stipulations of the treaty, so far as it does not 
conflict with the Constitution of the United States. 
To the extent of such conflict, the treaty is void; 
because the treaty making power itself is con- 
ferred and limited by the Constitution ; it must 
be governed by the express provisions of that 
Constitution which creates it, and which recog- 
nizes slaves as property co-extensively with the 
Union, unless prohibited by the States, and guar- 
antees that no person shall be deprived of life, 
liberty or property, without due process of law." 



206 Life and Events. 



The Constitution can not mean that either the 
holding or carrying Africans, already slaves, is 
the depriving of a person of liberty, because the 
slave is recognized as property by previous law 
and fact, and is placed upon an equal footing 
of security with life and liberty. If the Con- 
stitution mean that a slave has been deprived 
of the liberty to which it refers, then the slave 
could claim his freedom by due process of law 
under the Constitution itself; there would be no 
necessity for an act of Congress respecting either 
the Territories or the States. But it has always 
been known and acted upon, that the liberty 
referred to by the Constitution is not the liberty 
of the slave it recognizes as property. The de- 
cision of the Supreme Court, therefore, correctly 
announces the fact and principle, that the word 
citizen, or people, in the Constitution, does not 
include the African race. They were not referred 
to or included by the Declaration of Independence, 
the Articles of Confederation,or the Constitution 
of the United States, as having and political rights 
whatever. 

However unjust this may appear, it is sustained 
by a precedent of the highest authority. The 
Almighty declared to the children of Israel, 
" Ye shall hallow the fiftieth year, and 
proclaim liberty throughout the land unto all 
the inhabitants thereof; " yet this referred 
to the children of Israel only, and did not include 
the bondmen or slaves owned by them ; for in 



Life and Events. 207 



the same connection immediately afterwards, He 
declared, " For thej are my servants which I 
brought forth out of the land of Egypt, they 
shall not be bondmen. Both thy bondmen and 
thy bondmaids which thou shalt have, shall be 
of the heathen round about thee ; of them shall 
ye buy, and of their families which they begat 
in your land, and they shall be your possession 
and ye shall take them as an inheritance for 
your children forever ; but over your brother, 
the children of Israel, ye shall not rule one 
over another with rigor." Thus the great Jeho- 
vah himself excluded the slave from all political 
existence. Although He commanded liberty to 
be proclaimed throughout the land to every in- 
habitant, the bondmen or slaves were not 
recognizsd as inhabitants. Under the same divine 
law, they were held as slaves forever. 

The Constitution provides for the acquisition 
of territory, and confers certain powers upon 
Congress for admitting new States into the 
Union, not allowing any inequality concerning 
either the territories or the States. When it 
was adopted, slavery existed in all the States 
and territories but in one of each ; can it then 
be swpposed that the people intended to pro- 
vide for having themselves or their children 
prohibited from carrying their slaves or other 
property into their own territories ? If they 
desired or intended such a result, would they 
not have made a direct express constitutional 



208 Life and Events. 



provision to that effect ? If they did not intend 
to prohibit slavery by a direct Constitutional 
provision from those then heloiiging to the Union, 
but intended to prohibit it in territories after- 
wards acquired, or intended to confer that power 
in either case upon Congress, would they not 
have made a plain express constitutional pro- 
vision directly in point, and thus have saved 
the country from the dangers resulting from 
such an interpretation of their intentions ? 

Before the Constitution was adopted, Virginia 
had expressly prohibited slavery in the terri- 
tory ceded by her to the United States, and the 
cession had been accepted. It was not there- 
fore such a new and unimportant question as 
to justify us in the conclusion that the power 
was intended to be conferred upon Congress 
in the secondary or implied powers. The ques- 
tion of slavery has always been one of the 
first magnitude in American politics. 

Virginia had the right to prohibit slavery in 
the north-west, because she was the sole owner and 
sovereign over the soil and sovereign over her peo- 
ple. It is contended that the government of the 
United States, for the same reasons, by virtue 
of the same powers, has the same rights over 
her territories. The cases are not at all analo- 
gous. The territories of the United States are held 
as the property and for the benefit of the people 
of all the states, and must be governed by Con- 
gress, not according to the idea of original absolute 



Life and Events. 209 



sovereignty over the citizens of the same, and 
over their property, such as exists in a State ; 
but according to tlie express provisions of the 
Constitution which recognize slaves as prop- 
erty co-extensivcly with the Union, except where 
prohibited by a State, and command the gov- 
ernment to protect all property. Congress has 
full power to protect all persons in all such 
rights, liberties and properties which existed 
when the Constitution Avas adopted, which have 
not been restricted by the Constitution, which 
still exist in any of the states or territories ; 
and all such property may be carried into the 
territories for the use of its citizens; because 
those rights existed when the Constitution was 
adopted, and the Constitution recognized and 
guaranteed them to the people. And it is the 
duty of Congress to protect all such rights, 
liberties and properties. To the extent that 
she has power at all she has full power, and 
here duty is added to power. The people are 
the source of all political power. Such rights 
as they have never surrendered to the govern- 
ment of the United States nor to the several 
States, they have retained as individuals. They 
have never surrendered their right to carry their 
slaves, or any other kind of property existing 
when the Constitution was adopted, into the 
territories of the Union. While the people of 
the several States have reserved the original 
power to prohibit the importation or existence 



14 



210 Life and Events. 



of slaves within their limits, no such power has 
been delegated to Congress. The Court of 
Appeals in Kentucky, in affirming such a pow- 
er to a State, declared that, " We regard it 
a fundamental principle, which, so far as we 
know, is denied by no citizen, that each State 
possesses the unquestionable right of determi- 
ning for itself, whether, and to what extent, 
the right of property in the African race shall 
be recognized within its limits." In the case 
of Grove and Slaughter, (15 Peters,) the Su- 
preme Court of the United States decided that 
" the power over this subject, (the subject of 
carrying slaves from one State to another,) is 
exclusively with the several States, and each of 
them has a right to decide for itself whether 
it will or not allow persons of this description 
to be brought within its limits from another 
State either for sale or use." Yet it is con- 
tended by the opposition that, under the clause 
of the Constitution which gives Congress power 
" to regulate commerce among the States," that 
Congress can prohibit slaves from being carried 
from one State to another where slavery exists. 
If, as decided by the above Courts, the 
power to prohibit belongs exclusively to the States, 
it can not belong to Congress ; the territories, 
therefore, as they become States by the forma- 
tion of their Constitution, must, as previously 
shown, have an equal right with the other 
States of prohibiting slavery. 



Life and Events. 211 



The Constitution leaves slaves in the District 
of Columbia just where it found them, on the 
same footing of security as any other property. 
The people of the district reserved the same 
right to them, and the Constitution secures 
it. Although Congress has exclusive legislative 
power over the district, she has not absolute 
power. She can not take private property for 
public use without just compensation. Under 
an express grant in the Constitution, Congress 
has exercised the power of prohibiting the im- 
portation of slaves into the district for sale. 
This power has been wisely conferred by the 
Constitution to prevent the capital of the Union 
from being annoyed by slave depots and mar- 
kets. While the rights of the citizens to hold 
their slaves is fully protected by the Consti- 
tution, yet it Avas eminently proper and just 
to give Congress the power to protect the 
capital and metropolitan district of the Union 
from such annoyances. But the grant of power 
to Congress over the district is as different from 
that over the territories as the nature of the 
places and the objects of the grant need make 
them. The one gives Congress power " to exer- 
cise exclusive legislation in all cases whatever," 
and is limited only by the express provisions of 
the Constitution. The other only gives Congress 
"the power to dispose of and make all need- 
ful rules and regulations respecting the territories 
or other proi'ierty belonging to the United States," 



212 Life and Events. 



the latter being, as shown, restricted as well by 
the nature and language of the grant as by the 
other provisions in the Constitution. 

We have thus arrived at the conclusion that 
the Congress or government of the United States 
has no power whatever to prohibit slavery in the 
States or territories of the Union. But it is 
consoling to know this conclusion does not pro- 
pose to extend the area, rivet the chains or 
prolong the existence of slavery. It simply 
leaves the subject with the wisdom, experience, 
humanity, and all the influences of an enlight- 
ened Christian age upon, and of the people of 
the several States. 

If the patriots of America will maintain these 
Constitutional principles, and will carry out the 
decision of their supreme tribunal they will thus 
remove the greatest enemy to the peace and 
harmony of the people of the States, and 
thus most surely preserve their union. They 
will thus preserve the purest, the wisest, and 
the greatest government of men, and thus most 
surely promote the happiness of their own and 
of the African race. If, on the contrary, that 
decision shall be reversed, and conflict and dis- 
solution should follow, it would most probably 
result in the formation of a great Southern em- 
pire, including Mexico and Central America with 
all South America, for future extension. Thus 
slavery would be established over a vast area, 
and in all probability for all time to come. 



Life and Events. 



213 



Those ■who take the opposite side of these con- 
clusions fortify themselves with the precedents 
of the legislative branch of the government, the 
ordinance of '87, the Missouri compromise, and 
the Oregon bill, -which prohibited slavery in 
their respective territories. Unfortunately for 
the country, more importance has been attached 
to these .precedents than they deserve. They 
are well calculated at first to mislead, embra- 
cing, as they do, a period of over sixty years 
of a most important portion of the history of 
our country, and having been enacted nearly 
thirty years distant from each other. Tliere is 
a patriotic loyalty among our people — a vene- 
ration for important things done by our fathers 
in government, that is at first shocked by the 
sudden undoing of what they did. While this 
sentiment is right within itself — is one of the 
great elements of the safety and strength of 
our republic, yet it must be directed by clear 
truth, the supreme law of the land, the Con- 
stitution of the republic itself. This is also 
sound national policy. 

In the first instance, the ordinance of '87, 
according to the understanding of the writer, 
proves the absence, the reverse of the power 
it is called tD sustain. 

Virginia, the sole and absolute owner of the 
northwest territory, conveyed it to the States 
while they Avere united by the articles of con- 
federation. In 1787, the then Congress organ- 



214 Life and Events. 



ized a government for that territory, in which 
they prohibited slavery. Mr. Madison, in wri- 
ting nearly cotemporary on the government 
under the articles of confederation, said in ref- 
erence to this ordinance of '87 : " Congress have 
proceeded to form new States ; to erect tempo- 
rary governments ; to appoint officers for them ; 
and to prescribe the condition on which new 
States shall be admitted into the confederacy ; 
all this has been done, and done without the 
least color of Constitutional authority ; yet no 
blame has been whispered, no alarm sounded; 
a great and independent fund of revenue is 
passing into the hands of a single body of men, 
who can raise troops to an indefinite number, 
and appropriate money for their support for 
an indefinite period of time ; and yet there are 
men who have not only been silent spectators of 
this prospect, but who are advocates of the sys- 
tem which it exhibits." 

When this ordinance passed the Old Congress, 
the Convention was framing the Constitution 
of the United States. It has been urged " that 
it is apparent in the frame of the Constitution 
that the convention recognized its validity and 
adjusted parts of their work with reference to 
it." This can not be admitted as a fact, because 
the Constitution contains no express reference to 
it, and none can be implied, because there is no 
provision in the Constitution which would not 
be proper and applicable to the condition of 



Life and Events.] 215 



tilings in the absence of or without any such 
ordinance. But if the Constitution had expressly 
recognized the validity of the ordinance, that 
would have given it no additional force then, 
because the Constitution was not then finally 
adopted. Such sanction must have related to 
the final adoption of the Constitution, not to 
be retrospective upon a void act of Congress 
under a different form of government. The nul- 
lity of this ordinance was virtually admitted by 
the Congress that passed it, for she submitted 
it to Virginia for her adoption. It was adopted 
by Virginia, and incorporated into her original 
act of cession before the final adoption of the 
Constitution. Virginia also adopted the Consti- 
tution, and thereby ratified every clause contained 

in it. 

After the adoption of the Constitution, Congress 
re-enacted the ordinance. If the statesmen who 
re-enacted it thought it had been sanctioned by 
the Constitution, why did they not declare the 
fact, or at least recite it in the re-enactment? 
The re-enactment of it as a whole only gave 
validity to such parts of it as Congress had a 
right to enact. And it was re-enacted as a whole 
for the very purpose of giving Congressional 
validity under the Constitution to whatever, if 
any, legal sanction or authority Congress might 
have power to give to any of its parts. The 
re-enactment by Congress could give the anti- 
slavery clause no force beyond the Constitution, 



216 Life and Events. 



or Constitutional powers. Whether, therefore, 
the Constitution recognized it or not, its validity, 
legal and Constitutional, was derived solely and 
exclusively from the State of Virginia, through 
her adoption of it by her legislature and her 
adoption of the Constitution. 

The first Congressional act under our present 
Constitution, prohibiting slavery in any of the 
Territories, known as the Missouri Compromise, 
passed in 1820, and applied to the Territory 
north of 36-30. The generation in the North 
who had a personal knowledge of the history 
and condition of African slavery, had then almost 
entirely passed away. The northern peculiari- 
ties of soil, climate and commerce, had made 
slaves unprofitable there. They had been sold 
and sent farther south, and prohibited by those 
States. The new generation there had very little 
knowledge of slavery. The northern people, like 
those of the South, were devoted to the cause 
of freedom. For centuries they had been subject 
to great periodical excitements in liberty's cause. 
Having struggled through dangers and suffer- 
ings in Europe in pursuit of the precious boon ; 
having helped to win it in America ; this heredi- 
tary devotion to her cause became the great, 
and sometimes misguided passion of New England 
society. It had then been forty years since the 
great revolutionary, and twenty years since the 
alien and sedition struggle ; it is therefore, easy 
to understand how, in the midst of this first 



Life and Events. 217 



great strife, on the subject, the wisest and firmest 
statesmen became alarmed ! How they sanction- 
ed or acquiesced in a measure which seemed 
necessary to avert and survive the storm ! To 
accomplish this object — to avert the horrors 
of a conflict of sister States, until reason and 
patriotism should resume their sway, wise and 
patriotic statesmen sanctioned or acquiesced in 
the . measure ! Again, when southern patriots 
had built up a new republic in the South, and 
national patriots had incorporated her into the 
great Union of States ; when the cruel despotism 
from which she ha-d thus been wrung, had first 
waged a war of extermination against her citizens, 
and then a Avar against the United States to 
re-subject her great lost State ; when our gallant 
armies had driven back the dark tide of invasion, 
and pursued them into the heart of their own 
country ; when the honor of our country and 
her thousands of suffering soldiers in Mexico 
were in the hands and at the mercy of Congress, 
again the cry was raised against the acquisition 
of those inestimable territories, unless southern 
institutions should be prohibited there. But when 
the dangers of war had passed, the wisest patriots 
of the times, casting aside every thought and 
motive but their country's good, standing in the 
light and aided by the experience of the past, 
refused to claim a power sanctioned under neces- 
sity only ; refused to become a foreign oppressor 
or to exclude their brothers from their blood 



218 Life and Events. 



bought lands ; but generously and nobly repro- 
duced and proclaimed the great principle of '7G ! 
The principle that produced the revolt, the union 
and the independence of the States ! The eternal 
principle of truth and justice among equals of 
the same color and race ! The principle that 
when the son of the free is clothed with the 
dignity of manhood, he becomes himself a free- 
man ; — the principle of an equality of freemen 
and of States ! The principle, that when the 
people of a Territory or State, form their State 
Constitution, they are the rightful sovereign of 
all the vital, domestic concerns of life, liberty 
and property. 



CHAPTER VIII. 

i 

The portion of tlie preceding chapter that 
treats of slavery, and the decision of the Supreme 
Court, was written by the author, and published 
in November, 1857. From the time the decision 
was given, it had been opposed by some of the 
ablest lawyers in Kentucky, and the Union. The 
agitation of the question was increased at the 
same time, by the excitement and difficulties 
in Kansas. The Lecompton Constitution had 
been formed for admission into the Union. It 
contained two clauses on the subject of slavery 
—one for, and the other against it. These pro- 
visions only were submitted to the voters of 
Kansas, for them to decide which they would 
accept. The other portions of the Constitution 
were not submitted. 

While the steps that had been taken in pursu- 
ance of which it had been formed, had all the 
forms of law, and had been so recognized by the 
government at Washington, yet it was obvious 
to all those acquainted with the facts, that a 
large majority of the voters of Kansas, were 
opposed to the adoption of that Constitution, 
and to admission into the Union under its gov- 
ernment. 

They declared it had been formed by fraud, 
and force in fact, and never having been sub- 



220 Life and Events. 



mitted for the acceptance or rejection of the 
people it proposed to govern, they would never 
submit to its government. 

In view of these facts — in view of the approach- 
ing session of Congress, and the gathering storm 
of sectional strife, the humble author wrote the 
following preamble and resolutions, as a basis 
for the adjustment of those, and other analogous 
questions. In order to understand the proposed 
plan of adjustment, it must be remembered, 
that the Lecompton Constitution, contained two 
clauses relative to its amendment ; one declaring 
that the people have at all times the right 
to amend, reform or abolish their Constitu- 
tion ; the other declaring affirmatively, that 
they might amend it after 1864, but not pro- 
hibitino; its beiuo; done before that time. 
From these provisions, one party took the posi- 
tion, that if the Lecompton Constitution, should 
be admitted into the Union, it could not be chang- 
ed before 1865 ; the other party, being a large 
majority in Kansas, declared that if admitted, 
they Avould resist and disregard it. These were 
the questions which threatened revolution and 
civil war, when the following was proposed by 
the author. 

[From the Kentucky Statesman.] 

Democratic Meeting in Fayette. 

At a called meeting of the democracy of 
Fayette County, held at the Court House, in 



Life and Events. 221 



Lexington, on Monday, December 14tli, for the 
purpose of appointing delegates to the State 
Convention at Frankfort, on the 8th of January- 
next, Col. C. C. Rogers was called to the chair, 
and Frank Waters appointed Secretary. 

Col. W. B. Victor then offered the following 
resolutions : 

Admission op Kansas. 

Whereas the difficulties in the Territory of 
Kansas have, to a lamentable extent been de- 
structive of life, liberty and property ; have 
come near involving the people of the United 
States in civil war, and still threaten those 
disastrous results, it is the duty of every Amer- 
ican patriot to exert himself to bring about a 
speedy, just and peaceful termination of those 
difficulties : That it is but too evident from the 
past, that the only safe and honorable adjust- 
ment of those difficulties is and must be her 
admission into the Union as a State, upon just 
and rightful principles : And 

Whereas, great and dangerous dissatisfaction 
exists among the people, with the submission by 
the Convention of a portion only of the Con- 
stitution to the people of the Territory, which 
threatens civil war, we are of opinion that 
it may be laid down as a principle which 
Avill safely and correctly regulate our system 
of Government in this regard : That Avhen a 
Constitution is formed which proposes to change 



222 Life and Events. 



a Territorial into a State government when 
admitted into the Union, such Constitution, in 
order to be republican, must be ratified by a 
majority of the citizens it proposes to govern, 
or it must not contain any material obstruction, 
to their amendment of it, so as to enable them 
to make it their Constitution. If such Consti- 
tution does not contain one or the other of 
these vital elements of republicanism, it ought to 
be rejected by the Congress of the United States 
when presented for admission into the Union. 

Believing that the Constitution of Kansas, 
recently formed and submitted, contains no 
material obstruction to its ratification, amend- 
ment or change immediately after admission 
into the Union, we are of opinion that Congress 
oucjht to admit her into the Union with said 
Constitution, and with such declaratory act, and 
such preliminary provisions and conditions as 
will guarantee to the people of said State, the 
ratification, change or amendment of their Con- 
stitution accordingly as they may decide : And 
further. 

Resolved, That we will not allow ourselves to 
believe that the Representatives of those patriotic 
hosts who elevated our administration to power, 
will materially differ from that administration 
in the application of those principles and the 
consummation of those measures which were the 
life, soul and body of the great achievement 
deferred to. 



Life and Events. 223 



Resolved, That -while we have undiminished 
confidence in both, the crisis calls for prudence 
and the exercise of the wisest statesmanship in 
the consummation of the delicate, difficult and 
dangerous affairs of Kansas. 

On motion of Maj. T. H. Waters, a committee 
was appointed to draft suitable resolutions, to 
whom Col. Victor's resolutions upon the Kansas 
question be referred. 

The committee reported the following resolu- 
tions, which were unanimously adopted : 

Resolved, That the resolutions of Col. Victor, 
relative to Kansas, be laid over, in order that 
a more deliberate and advised action be taken, 
and a full and careful discussion had on Saturday 
night next at 7 o'clock." 

These resolutions and preamble were written 
1st December, were printed, and copies of them 
sent to a member of Congress, before the Pres- 
ident's Message had appeared, and before the 
parties had defined their positions on the subject 
in Congress. 

This, so far as the author was then, or is yet 
advised, was the first plan proposing such an 
adjustment of the question. Several weeks after- 
wards, the Lecompton Constitution was presented 
to Congress for admission. 

One of the great political parties in Congress 
advocated absolute and unqualified admission ; 
the other took position for absolute rejection. 
The bitterness of the contest both in and out of 



224 Life and Events. 



Congress, and the dangers with which it threat- 
ened the Union, are too well remembered to 
require more than a reference to the facts. 

It will be remembered that the foregoing res- 
olutions suggest two modes of adjustment. 1st, 
Admission subject to ratification. 2d, Admission 
with a declaration that the people of Kansas had 
the right, under the Constitution of Kansas, to 
change or amend it, without waiting until 1865, 
as the time of beginning the change. 

Several months afterwards the amendment of 
Senator Green was adopted bj the Senate, just 
before the final vote on the passage of the bill. 
It is as follows : " And nothing in this act shall 
be construed to abridge or infringe any right of 
the people, asserted in the Constitution of Kansas, 
at all times to alter, reform or abolish their form 
of government in such manner as they may think 
proper — Congress hereby disclaiming any author- 
ity to intervene or declare the construction of the 
Constitution of a State, except to see that it he 
reijuhlican in form, and not in conjiict with the 
Constitution of the United States." 

After the Senate bill failed in the House, Mr. 
Crittenden's bill that passed the House but failed 
in the Senate, contained the following clause : 

" This admission of her [Kansas] into the 
Union as a State is here declared to be upon 
this fundamental condition precedent, namely : 
That the said constitutional instrument shall be 
first submitted to a vote of the people of 



Life and Events. 225 



Kansas, and assented to by them, or a major- 
ity of the voters, at an election to be held for 
that purpose ; and as soon as such assent shall 
be given, and duly made known to the President 
of the United States, he shall announce the same 
by proclamation, and thereafter, and without any 
further proceedings on the part of Congress the 
admission of the said State of Kansas into the 
Union on an equal footing with the original 
States, in all respects whatever, shall be com- 
plete and absolute." 

After the failure of this bill in the Senate, 
the English Conference bill passed both houses, 
and became a law. It contains the following 
clauses : 

" Be it enacted hy the Senate and House of Rep- 
resentatives of the United States of America in 
Congress assembled : That the State of Kansas 
be and is hereby admitted into the Union on an 
equal footing with the original States in all re- 
spects whatever, but upon this fundamental con- 
dition precedent, namely : That the question of 
admission, with the following proposition, in lieu 
of the ordinance framed at Lecompton, be sub- 
mitted to a vote of the people of Kansas and 
assented to by them, or a majority of them 
voting at an election to be held for that pur- 
pose, namely : " 

Here follows the proposition to grant a large 
quantity of land to Kansas, if the voters of the 
territory accept the same with said Constitution; 



15 



226 Life and Events. 



or ratlier, if as above provided, they accept 
" the Constitution with the following proposition ;" 
the language being, " the question of admission 
with the following proposition, in lieu of the 
ordinance passed at Lecompton, be submitted 
to a vote of the people of Kansas." 

This the writer understood to be substantially 
a submission of the question to the people of 
Kansas ! 

The result demonstrates the correctness of this 
position. Kansas did not become a State with 
the Lecompton Constitution. The voters of the 
territory, by a majority of over five to one, re- 
fused to accept that Constitution, although 
Cono-ress olfered them five millions of land to 
accept it. 

These facts are not stated for the purpose of 
claiming honors justly belonging to others, nor 
of claiming honors for himself. But the writer 
believes it is allowable for him to state the facts, 
thus leaving the subject with others. That these 
principles have been vindicated in times of danger 
to the country, is now a matter of history ; that the 
people of Kansas did not accept the Lecompton 
Constitution, however it may be regretted by some, 
ouo-ht to be remembered as the exercise of their 
sovereign right to reject it ; that peace and 
harmony has thus, in a great measure, been re- 
stored to the country, should be a matter of 
sincere rejoicing; that the rights and principles 
thus defined, and the experience of the past, 



Life and Events. 227 



will be a safe guide for the adjustment of sim- 
ilar questions, should they arise in the future, 
should be the hope and effort of every lover of 
his country; that the Union shall be preserved, 
and that she will move onward in her high 
career, of goodness, of greatness, and of glory, 
should be the ardent desire and faithful effort of 
every citizen^ 

If any party shall again endanger the Union, 
surely there are patriots enough to preserve it. 
There is yet a great party of true and faithful 
patriots in the country. The dissolution parties, 
whether in the North or South ; whether they 
they propose to accomplish their object directly 
or indirectly ; whether dissolution be the object 
or not, if they propose measures that would pro- 
duce that result, can be defeated by the party 
that has defeated every former effort to blight 
the prosperity and liberties of the people, or 
dissolve the Union of the States. 

When this great party shall see and feel, that 
the laws of equal justice and the principles of 
republican liberty, the equal rights of citizens 
and of States — when the patriots of America, 
by whatever names they may have been called, 
shall see and feel, that the ever brightening truths 
and victories of the past are in danger ; that the 
civilization and happiness of great communities 
are in danger of being broken up, perhaps 
destroyed, they will rise in every region of the 
Union and march to the rescue. 



228 Life and Events. 



Love of Country has always been one of the 
deepest and strongest passions of the human 
breast. The preservation of a country's liberties 
and the promotion of her happiness, have always 
been among the highest conceptions and noblest 
objects of the human mind. These inherent at- 
tributes of human nature, spring from the love 
of kindred, of self, and of friends ; from a com- 
mon cause of preservation, of prosperity and of 
happiness; of sorrows and calamities; from all 
the interests, ties, and sympathies of a common 
destiny. These causes, attributes, and objects, 
have always been found in every people, from 
the arctic regions of the poles, to the burning 
sands of the equatorial sun ; from the lowest sav- 
ages to the most refined and religious nations. 
The great lesson, the great duty of man is to 
learn from the great past how to progress through 
the still greater future : how to preserve all that 
is good and discard all that is bad; how to pro- 
mote the happiness of this life and seek for 
safety and happiness in the life to come ! 

These are the great objects of government ; 
she has no vindictive feelings to gratify. Govern- 
ment is simply the laws and means by which soci- 
ety endeavors to secure her right to the pursuit of 
happiness. In order to accomplish this object it 
must be founded upon and conducted according to 
the great laws of nature, and the revealed will of 
the great Ruler of all. There is a similarity 
of the present with original society. In the ere- 



Life and Events. 229 



ation of the world we discover the great foundation 
for life. In the creation of man and the com- 
mencement of his career, we see the great objects, 
the philosophy and the prototype of law, of gov- 
ernment and of destiny. 

The Almighty breathed into Adam the breath 
of life, and he became a living soul ! Life was 
common to all animal existence, but the soul was 
a gift only to man ; it come fresh • from the great 
Creator of all, and will live as long as the God 
who gave it birth, and thus gave it these attri- 
butes of His own exalted and immortal spirit ! 
With the lives of Adam and Eve commenced 
the operation of those great laws that have since 
governed the world, and directed the destiny of 
man. In the creation of the world, with all her 
wealth, her luxuries, her beauties, and sublimi- 
ties ; in the creation of man, and in the gift 
of all to man, we can see nothing but the wis- 
dom, power, and goodness of God. The restraint 
placed upon man, and the penalty of disobedience 
announced at the time, were necessary for the 
maintenance of the authority of the Creator 
and Ruler of all. His infinite wisdom and good- 
ness decreed it to be necessary to maintain His 
supreme authority and His exalted dignity ! 
Man was made perfect, because he was thus cre- 
ated, thus endowed, and thus made free to fall. 
He has no right to complain of his benificent 
Creator. He is under the greatest obligations, 
and has the highest inducements to endeavor to 



t 



230 Life and Events. 



obtain pardon for his great offence and to regain 
his lost estate. These great objects can only 
be accomplished by obedience to the great laws of 
his government, civil and divine. Of this great 
truth history contains the fullest proof, and the 
history of our own country the brightest exam- 
ple. 

The North American colonies were founded on the 
divine revelation to man. The Jamestown colony 
was sent to Virginia under the reign of the King 
who translated the Bible. It laid its foundations 
on that Bible and Avorshipped at the foot of the 
Cross. The second colony came from the refor- 
mation land. The third came to worship God in 
freedom. The colonies grew and flourished under 
the greatest trials until they declared themselves 
independent States. They then appealed to the 
Almighty to vindicate their motives and sus- 
tain their cause. "When they had become 
independent States ; when they formed a more 
perfect union for their government, they laid its 
foundations on the equal justice of the Holy 
Scriptures and the perfect freedom of conscience 
and of worship. Thus every great movement and 
event in the rise and progress of the States, has 
been made in obedience to the divine laws with 
fervent prayers for Divine assistance, and has 
been crowned with that success which divine 
Providence alone could give. These great facts 
and lessons of history should never be forgotten. 
The continued welfare and progress of the people 



Life and Events. 231 



and the States will depend upon obedience to 
the great laws of the Bible. If any of the civil 
laws be wrong or defective let them be repealed 
or improved in a lawful manner. This is not 
only the great principle and vital law of civil 
government, but it is the command of the 
Almighty himself. The co-operation of laws 
civil and divine is absolutely necessary to the 
prosperity and happiness of peoples and of 
States. Their existence in the books only can 
not produce good results. They are designed and 
decreed to be carried into practice ; to enter into 
and control individuals and communities. Thus 
and only thus can society be preserved and im- 
proved through all future time. 

All questions of government are subjects in 
which the people have a like or equal in- 
terest; questions that should be considered 
and acted upon in the same fraternal spirit as 
any other great question affecting the safety, 
progress and happiness of the people. All dif- 
ferences of opinion and party strifes should be 
controlled by truth, reason and justice, or results 
mio-ht follow that could never be recalled. A 
people possessed of the best quarter of the globe 
and the best government on earth, ought not and 
will not permit such blessings to be ruined or 
lost forever. A people Avhose rise and every 
great struggle have received the divine assist- 
ance, ought not and will not limit their efforts 
by the mere pursuits of time or the highest phys- 



232 Life and Events. 



ical attainments. They will also pursue the 
higher and holier objects of life. They can thus 
and only thus make society what it seems designed 
to be, an index to the life to come ; each happy 
in the performance of his duties and in the joys 
given by the Holy Spirit of heaven ! 

There are occasions and ulances of life that 
point to a far brighter and a happier future ; 
they linger in the memory like visions of sainted 
friends and the sound of melancholly joys ; they 
seem to reveal holiness divine and the brijiht 
images of the happy spirits of heaven. 



iiPPLEGATE & COMPANY, 




No. 43 MAIN STREET, CINCINNATI. 



In inldition to a larire anil varied as>:ortment of 

Schocl, Classical, Theological and Miscellaneous Books, 

wliicli tliey have constantly on hand, publish a series of 

V ALU ABIE STANDARD WORKS, 
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APPLEGATE & CO.'S PUBLICATIONS. 

DK. ADAM CLAEKE'S COMPLETE COMMENTARY 
ON THE OLD AND NEW TESTAMENTS. 

With a portrait of the author, engraved expressly for 
this edition, accompanied with Maps, &c. Plain and em 
bossed gilt. 

From the Nashville and Louisville Christian Advocate. 
" It would be difficult to find any contribution to Sacred 
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Commentaries of Dr. Adam Clarke. Whether regarded 
as a prodigy of human learning, or as a monument of 
what perseverence and industry, within the compass of a 
single lifetime, can accomplish, it will long continue to 
challenge the admiration of men as a work of unrivalled 
merit. It is a treasury of knowledge, in the accumula- 
tion of which, the author seems to have had no purpose 
in view but the apprehension of truth ; not to sustain a 
particular creed,- but the apprehension of truth for truth's 
own sake, restrained in the noble pursuits of no party 
tenets by no ardor for favorite dogmas. It is difficult to 
conceive of a complete library without this valuable work, 
and yet alone of itself, it affi.>rds to its possessor no mean 
variety of entertainment. Besides forming a moderate, but 
clear elucidation of the true meaning of the Sacred Word, it 
abounds with illustrations in science, the literature of all 
ages, and the history of all times and all countries ; and as 
a lexicon for the exposition of abstruse phrases, of difficult 
terms, and the true genealogy of words of doubtful import, 
it immeasurably surpasses all similar works of the age." 



DE. ADAM CLAEKE'S COMMENTARY ON THE 
NEW TESTAMENT. 

2 vols, super-royal 8vo. Plain and embossed gilt. 

The increasing demand for Dr. Clarke's Commentary 
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APPLEGATE & CO.'S PUBLICATIONS. 

THE COMPLETE WORKS OF THOMAS DICK, LL. D 

1 1 vols, in 2 ; containing An Essay on the Improvement 
of Society; The Philosophy of a Fuiure Slate ; The Phi- 
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Improvement of Mankind; An Essay on the Sin and Evils 
of Covetousness ; The Christian Phih^suplier, or Science 
and Religion; Celectial Scenery, illustrated; Sideral Hea- 
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This edition is jJrivted from entirely vew jdates, confain- 
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" Dick's Works. — Those who read at all, know both 
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APPLEGATE & CO.'S PUBLICATIONS. 

EOLLIN'S ANCIENT HISTORY. 
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Ancients, with a Life of the Author. 2 vols, royal Cvo 
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APPLEGATE & CO.'S PUBLICATIONS. 

■ - ....._ — " " ji 

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From the Central Christian Herald, 
" One hundred and forty years ago, when there were 
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is in a style very creditable to the enterprising hous« 
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From the Cincinnati Cn^nmercial. 
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in a handsome octavo volume of 750 pageS-, one of th« 
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APPLEGATE & CO.'S PUBLICATIONS. 

MOSHEIM'S CHURCH HISTORY. 

Ancient and Modern, from the birth of Christ to the 
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the present time, by Charles Cuote, LL. D. 806 pages, 
1 vol., quarto, spring back, marble edge. 



From the Masonic Review. 

This great standard history of the Church from the birth of 
Christ, lias just been issueii in a new dress by the extensive pub- 
lis.liing liiHise of Applegate cfe Cu. Notlung need be said by us 
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From the Telescope, Da/jtnn, O. 

This work has been placed upon our table by the gentlemanly 
ind enterprising publi;-hers, and we are glad of an opportunity 
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Xo man ever sat down to read Muslieim in so pleasing a dress. 
What a treat is such an edition to one who has been studying 
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Frovi Professor Wri</htson. 

Whatever bo<^k has a tendency to add to our knowledge of 
God, or the character or coinluct of his true worshijiers, or that 
points out tlie^errors and mistakes of former generations, must 
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PLUTARCH'S LIVES. 

With Historical and Critical Notes, and a Life op Plu- 
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This edition has been carefully revised and corrected, 
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e 

'"- 'T ^ g. 



^ 



/ . 

APPLEGATE & CO.'S PUBLICATIONS. 

NOTES ON THE TWENTY-FIVE AETICLES OF RE 

LIGION, as received and taught by Methodists in ths 

United States, 

In which the doctrines are carefully considered and 
supported by the testimony of the Holy Scriptures. By 
Rev. A. A. JiMESoN, M. D. 12mo, embossed cloth. 

This book contains a clear exposition of the doctrines of 
the Articles, and of the errors against which the Articles 
were directed, written in a popular style, and divided into 
sections, for the purpose of presenting each doctrine and 
its opposite error in the most prominent manner. 

From Rev. John Millee. 
" It is a book for the Methodist and for the age — a re- 
ligious mvUum in parvo — combining sound theology with 
practical religion. It should be found in every Methodist 
family." 



From Rev. W. R. Babcock, Pastor of the Methodist Church in St 
Louis, Missouri. 
"From our intimate acquaintance with the gifted and 
pious Author of these 'Notes,' we anticipate a rich intel- 
lectual feast, and an able defense of the Biblical origin of 
the doctrines of the Articles of Pieligion, as contained in 
the Discipline of the Methodist Church." 



•' The laymen of the Methodist Church have long need- 
ed this work. Although we regard the Twenty-Five Ar- 
ticles as self-evident truths — the concentrated teachings of 
the Holy Bible, and the bulwark of the Protestant Faith 
— they are not sufficiently understood and comprehended 
by those professing to believe them. Dr. Jimeson has 
furnished us, in a condensed form and popular style, with 
a lucid exposition and triumphant defense of our faith, 
sustained and supported by history and the opinions of 
the Fathers, and adapted to the present wants of the 
Church." 



LIBRARY OF CONGRESS 



iHliiJIiiililillillllllillilllllli ill 
011 802 408 4 ^ 



